This week BC’s Information and Privacy Commissioner released a scathing report about a widespread problem with BC Government employees deleting emails, rather than responding to Freedom of Information Act requests for which those emails would be considered responsive.
It makes no sense for a police officer, who would have active and ongoing investigations covered in his email inbox, to have deleted everything all of a sudden.
When we read the report, we began to feel a very familiar sensation. What she was describing sounded like something we have experienced on a very regular basis when dealing with BC Government Agencies, particularly the Ministry of Justice and certain police forces.
Deleted emails – democracy at risk
The issue of deleting emails is a significant one. As citizens, we are entitled to know what our government is doing. A constitutional principle in Canada is peace, order, and good government. Part of good government includes accountability to the public and transparency. But when Government either deliberately or negligently deletes emails, then we do not have an open and accessible Government. It’s shameful that this is occurring. If Government has something to hide, then they shouldn’t be in power.
Our experiences have been very similar to those described in Commissioner Denham’s Report.
For example, we requested a particular police officer’s emails regarding approved screening device calibration, after learning that certain problems needed to be reported directly to him before action was taken. He was responsible for dealing with the type of problems that led to the revocation of IRPs in Vernon, Williams Lake, and Tofino recently.
Admission of deleted emails or obstruction?
A few days after we sent this officer our Freedom of Information Act request for his emails, he telephoned me. He apologized, and explained that he had switched positions in the police department, and had deleted his entire inbox the day before our request. As a result, he had no emails that he could disclose to me in response to the request.
I knew this was total crap. It makes no sense for a police officer, who would have active and ongoing investigations covered in his email inbox, to have deleted everything all of a sudden. I didn’t buy it, but how do you prove that no records exist? And how much resources do you put into it? And who will investigate? And how do you make them care about your issue?
On an earlier occasion this same officer told Paul that he wouldn’t disclose information to him because he opposed the IRP scheme. We didn’t get our disclosure until Ian Mulgrew reported on it in the Vancouver Sun. Ironically, this officer then took a position in police internal affairs; essentially policing the conduct of police.
And so it goes…
Another police department simply refuses to respond to our requests for records. When we press the issue, they develop outrageous fee assessments. Every other police department responds quickly and reasonably with the same information. We know this is just an attempt to obstruct our requests.
Recently, we made a request to the BC Government for records related to a particular problem we identified with approved screening device calibration. We knew there were records about this issue, but the Government responded to our request, informing us that no such records existed. Only days later, we received a response from the same department for a different and unrelated request. The material we received in response proved that the records that “didn’t exist” did indeed exist. It was in our hands, and it was clear that there was a bulk more out there.
Trust in government
It is very hard to trust Government when this is the response that we receive to our Freedom of Information Requests. The information we obtain in these requests is information that we use to defend our clients, to discover further arguments and grounds of appeal in Immediate Roadside Prohibition review cases, and to ensure that police are accountable in maintaining and calibrating approved screening devices.
Deleting emails, denying the existence of records, and refusing to disclose information shouldn’t be the norm in Government but our experience, and the information in Commissioner Denham’s Report make it clear that it is. It’s a sad state of affairs, and the Premier’s order to employees not to delete emails is way too little, way too late.
A big bullying and harassment case went through the BC government.
In an attempt to eliminate further discipline for other supervisors and management, all the emails of the victim were deleted and their IDIR was deleted, thus erasing and preventing further investigations.
CORRUPTION!