OTTAWA - Canada's information watchdog is about to dramatically change the way he treats complaints about government secrecy, but with just three weeks to go, the new rules remain hidden.
Beginning June 2, Information Commissioner Robert Marleau is doing away with a first-come, first-served system in favour of a "triage" approach that will see some complainants jump the queue.
The change is designed to reduce a massive backlog that leaves many cases unresolved for more than a year as investigators cope with an avalanche of complaints about the way departments respond to requests under the Access to Information Act.
Mr. Marleau has mused publicly about favouring parliamentarians, about giving speedy decisions in matters of broad public interest, about expediting cases involving legal action - but the new rule book is being drawn up behind closed doors.
A nine-person triage group is being created to vet incoming complaints under the new criteria, sorting out the cases to be fast-tracked.
"With this new unit at the front end, when the complaints come in they're going to look for certain reasons a complaint should be dealt with on a priority basis," assistant commissioner Andrea Neill said.
Queue-jumping criteria are being formally drawn up to be in place June 2, after extensive consultation with government departments, although not with ordinary users.
Ms. Neill called the revamped intake process a pilot project that will be tested for at least six months, and said the new rules will be objective and eventually made public.
"I am offended by this approach because it provides an opportunity to Mr. Marleau to play favourites," said Ottawa lawyer Michel Drapeau, who noted that the commissioner has suggested giving priority service to MPs and the media.
Mr. Marleau's office was given special funding recently to hire eight people just to clear a giant backlog of unexamined complaints, even as many fresh complaints arrive daily.
In the fiscal year that ended March 31, the office received 2,387 complaints, more than 1,000 more than in the previous year and the second-highest level ever.
The problems were exacerbated when the Federal Accountability Act made 70 new institutions subject to the access law, including previously exempt Crown corporations such as the CBC.
An outside consultant hired by Mr. Marleau canvassed the views of government bureaucrats and examined the procedures of provincial counterparts, and in January recommended sweeping changes to the complaint-intake process.
In the past year, Mr. Marleau - who took office in January of 2007 - has spoken about other potential changes, including sanctions against poorly performing departments; lengthening the initial 30-day period the act requires for a response; imposing a quota on active complaints from a single user; and even allowing the commissioner to declare some requests frivolous or vexatious.
Assistant commissioner Suzanne Legault said the office is planning a public roundtable on June 10 at Ottawa's posh Rideau Club to seek the views of users, civil servants, policy-makers and others.
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