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Petition

Petition

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Published by 404 System Error

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Published by: 404 System Error on Aug 28, 2012
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08/28/2012

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PETITION
TO:
The Legislative Assembly of Ontario
WHEREAS
, the Office of the Information and Privacy Commissioner of Ontario (IPC) was created by theProvince of Ontario to be responsible for the legislation governing both privacy and freedom of information (including MFIPPA, FIPPA, PHIPPA) and the duties under these Acts for the purpose of providing good government with respect to those matters and to maintain the public interest.
WHEREAS
, the legislative assembly of Ontario appoints the Commissioner of the IPC and theCommissioner is, in turn, responsible for maintaining good governance with regards to the IPC andmaintaining enforcement of the legislation and the processes and the rule of law that governs freedom of information and privacy in Ontario.
WHEREAS
, subsequent to the appointment of the Commissioner, the Legislative Assembly maintains noprocess for irregularities or substandard and unreasonable actions by the Commissioner in carrying outher responsibilities of good governance of the IPC.
WHEREAS
, we the people and taxpayers of Ontario have a right to expect responsible, fair, accountableand transparent processes of government to enable the proper functioning of accountability andtransparency legislation and specifically proper governance of freedom of information and realenforcement of legislated privacy standards by the IPC.
WHEREAS
, the circumstances of the improper administration and good governance of the IPC createmistrust and doubt in the general public concerning the proper accountability of government as it relatesto the improper administration of freedom of information and privacy in Ontario.
WHEREAS,
the proper processes of good government have manifestly failed in fundamental ways thatinclude the timely release of information in the public interest and democracy is, in those instances, nolonger functioning properly to ensure protection of the best interests of the citizens of Ontario, and this inpart due to improper accountability and denial of access to records that should properly be released in theinterest of the public.
WHEREAS
, the IPC hinders the release of records by unreasonably delaying significant decisions for many years when the spirit of the legislation is expediency measured in a 30 day time frame, causing asignificant detriment to the process of transparency and accountability of government.
WHEREAS
, there are many known circumstances involving improper and biased IPC decisions anddecisions where incorrect standards are applied and where the response from the IPC requires that
Ontario’s citizens take the matter to the regular courts not practically available to many people in Ontario,
ultimately leaving people with no recourse for obtaining records rightfully accessible, and
WHEREAS
, the numerous municipalities customarily exceed the time lines outlined in relevant legislationand customarily deny records, relying, it would appear, on further protection by the improper processes of the IPC.
WHEREAS
, in the circumstance where institutions continually and without regard breach MFIPPA, FIPPAand to a lesser degree, PHIPPA, the IPC refuses to apply sanctions properly available under thelegislation to protect the public interest.
WE
, the taxpayers and citizens of Ontario exercise our right and petition the Legislative Assembly of Ontario to remove the current Commissioner from the IPC and immediately to intervene by appointing aninterim Supervisor to properly carry out the duties of the Commissioner and properly enforce theprocesses of the IPC. Further we seek a resolution of the Legislative Assembly to strike an all-partyCommittee to review the existing legislation and create a sustainable process of enforcement for freedomof information and privacy accountability for government institutions in order to restore public confidence.

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