A8.THE BRIDEAU ISSUE

A8.:

Dear Darce:

Personally, I liked the content of your article “Freedom of Information reform” in TCH on July 09, 09 very much.

I have problems with several requests under the FOIPOP provided the Town of Wolfville with.

In one case I filed a request on May 21, 08. In a document received in return, one sentence was blacked-out. The Town’s accompanying letter stated that the severed sentence was “not relevant” to my request.

We both know that “relevance” finds no basis in any subsection of the MGA (Part XX) covering reasons for a refusal to disclose information. And in any case relevance should be judged by a neutral third party.

My request for review thereafter was received by the Review Office on July 14, 08 and in a phone call with Mary Kennedy I was told that an answer might take 4 to 6 months, but could go faster.

An insider at Town Hall confirmed a few days later that the Town had provided the Review Office with the requested information – incl. the wording of the blacked-out sentence.

All the information stayed in file FI-08-49 (M) at the Review Office for about a year (11 months) with no reaction or response at all.

On June 04, 09 I sent a fax to the Review Office asking about the situation from a timing point of view.

Thereafter, I had two phone conversations with a Review Analyst, and I sent another fax on June 29, 09 confirming what I had learned during the previous two phone conversations.

In return I received a letter, dated June 30, 09, stating that the file “has now been forwarded to the Investigation stage”.

I was told as well that the file will have to pass the Mediation stage thereafter to be forwarded to the Formal Review stage and that receiving the recommendation of the Review Officer could take another 4 to 6 months.

In my second fax last month I had made it clear that I do not see a middle ground for any kind of mediation at all. I want the wording of the blacked-out sentence (on file with the Review Office) and the Town does not want me to get it for no legal reason at all.

The whole issue could have been resolved in a day or less. Instead it may finally take about 1.5 years or more.

Do you have any ideas and/or recommendations which could help to speed up this case?
Thank you in advance.

Best regards,

Lutz E. Becker / June 13, 2009