Canadian Prisoner Access to Information Guide V. 1.0 more

Access to Information Requests: A Guide for Canadian Prisoners (Version 1.1) By Mike Larsen This guide provides an overview of the Canadian Access to Information regime as it relates to prisons and correctional services. It is intended to help Canadian prisoners exercise their „right to know‟, and to seek access to general government information and personal information held by government agencies. It contains an introduction and overview of the ATI regime, a stage-by-stage discussion of the request process, tips on request wording and types of records to look for, a note on jurisdictional issues, and a list of important information and addresses broken down by province and territory. Contents: 1. Introduction 2. The Canadian access regime 3. Exemptions and extensions 4. Before filing: A checklist 5. The process 6. Request wording and types of records 7. Federal and Provincial addresses and information 8. Contact Information 9. Blank Federal ATIP form Page: 1 3 5 8 9 11 13 21 22 1. INTRODUCTION C riminal justice systems are engaged in pervasive and persistent practices of information production. Officials draft, revise, and disseminate policy in conjunction with political bodies. „Best practices‟ are debated and circulated. Statistics are created, compiled, and mobilized. Situations arise, are described and defined according to the perspectives of institutions, and are thereby rendered amenable to management. Public Relations offices work to manage communications and shape public perceptions in accordance with official positions. Much of the day-to-day work of front-line personnel within the system is „information work‟. They draft reports, take photographs and videos, fill out checklists and forms, provide expert opinions and access and modify vast databases. In so doing, they collaborate with other workers within the system, and information is exchanged, co-produced, and otherwise used. The individuals who are processed through this system – by the police, the courts, prisons, and social services – are the subjects of constant assessment, examination, explanation and evaluation. They have records, files, cases and numbers. From the perspective of the system, they are in many ways reducible to these things. Much of this official information is not made readily available. Instead, it circulates internally within the system, and constitutes a vast textual „back stage‟. Gaining access to government documents can offer invaluable insights into the politics, practices, and ways of thinking that govern the various components of the criminal justice system. Similarly, gaining access to personal information files can allow an individual to learn about his or her official „data double‟ - the bundle of information that represents a person within the system. Access to Information and Privacy (ATIP) and Freedom of Information and Privacy (FOIP) legislation represents an important tool that can be used to gain access to this back stage of government. There are many reasons to use ATIP law: personal education, research, clarification of personal information, or to help lay the groundwork for a challenge to policy or practice. Justice Gerard LaForest of the Supreme Court of Canada, in Dagg v. Canada (Minister of Finance) (1997), described the overarching purpose of access to information legislation as being “to Access to Information Requests: A Guide for Canadian Prisoners by Mike Larsen is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada License. facilitate democracy” by allowing citizens to be informed about government action and by holding politicians and bureaucrats accountable for their actions. ATIP laws recognize a right to request access to public information holdings. This does not mean that full and timely access is guaranteed - the same laws also set out a variety of mandatory and discretionary exemptions, protected classes of records, and clauses that can be used to withhold or redact documents. Access to information is a process, and using ATIP mechanisms effectively requires planning and an ability to navigate around the various obstacles that can arise during a request. Canadian criminologist Matthew Yeager noted this in 2006, when he observed that a “cottage industry” of specialized access requesters and responders had sprung up and established expertise in the emerging field of formal information management. While seasoned users of ATIP mechanisms have experiential knowledge of how to effectively word requests, what sorts of information can be requested, how to „broker access‟ with ATI analysts and coordinators, and how responding agencies can withhold or delay the release of information, the process can be daunting for those who have not filed such requests before. This document is intended to help guide new users through the various stages of the access process, and to provide information of interest to federal and provincial prisoners interested in obtaining access to government records related to penal policy and the socio-politics of incarceration. I decided to compile this guide after receiving several requests for ATIP advice from current prisoners and prisoners‟ justice advocates. As a criminologist who regularly uses ATIP mechanisms for research purposes, I am aware of how challenging (and time-consuming, and sometimes costly) it can be to „learn the ropes‟ through trial-and-error. Prisoners face additional hurdles, as they are generally unable to make use of the Internet. Contemporary Canadian ATIP regimes are products of a digital culture, and they are increasingly organized with online information in mind. Most jurisdictions have a wealth of information about the ATIP process - forms, overviews, guides, legislation, summaries of decisions, tips, etc. - available online. Some maintain detailed directories of the information holdings for government departments. Making use of these resources without access to the Internet is difficult - but not impossible. Over the following pages, I have compiled an overview of ATIP processes, with as many tips and how-to remarks as I could pack into a reasonably small space. The Guide closes with a directory of contacts and details about the ATIP process for each provincial and territorial jurisdiction, and for the federal government. It is my hope that this Guide will help to demystify ATIP and serve as a resource for Canadian prisoners, their supporters, and fellow travelers. Two final thoughts before I launch into the main body of the Guide: • This Guide is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada License. This means that you are free to share, copy, distribute and transmit this work, and to „remix‟ and adapt it. There are only three conditions: 1. that the work remains attributed to the original author (Mike Larsen); 2. that this work may not be used for commercial purposes; and 3. that, according to the principle of „share alike‟, If you alter, transform, or build upon this work, you may distribute the resulting work only under the same or similar license to this one. Prisoners‟ Justice groups, support groups, lifers‟ groups, insideout groups, community organizations, and others are encouraged to copy, distribute and adapt this Guide. Speaking of adapting, I have every intention of treating this Guide as a „living document‟, adding or modifying content based on feedback I receive from users. So, if you have any comments, critiques, questions or suggestions, please don‟t hesitate to contact me. My contact information is on the last page. I am the Co-managing Editor of the Journal of Prisoners on Prisons, a prisoner written, academically oriented and peer reviewed, non-profit journal, based on the tradition of the penal press. The JPP brings the knowledge produced by prison writers together with academic arguments to enlighten public discourse about the current state of carceral institutions. The JPP attempts to acknowledge the accounts, experiences, and criticisms of the criminalized by providing an educational forum that allows women and men to participate in the development of research that concerns them directly. Some of the most passionate and insightful writing about the prison industrial complex is produced by prisoners, whose work is informed by experience and an insider‟s perspective. I have kept this tradition of prison writing and scholarship in mind while preparing this Guide, and I think that the combination of a prisoners‟ perspective and access to „back stage‟ records about the criminal justice system makes for a potent research approach. For this reason, the Guide is geared towards facilitating ATIP requests about the prison, corrections, and related issues. • 2 2. THE CANADIAN ACCESS REGIME By „access regime‟, I mean the combination of laws, policies, offices, and cultures that constitute an access to information process in a given jurisdiction. There are a number of independent access regimes across Canada, each with its own legal framework, policies, and ombudsman structure. In most jurisdictions, requests for access to government information and requests for access to personal information held by government bodies are processed by the same offices, or „ATIP shops‟. The provinces have ombudsman offices responsible for both information and privacy requests, while the federal government has both an Office of the Information Commissioner and an Office of the Privacy Commissioner. Acronyms ATI: Access to Information ATIP: Access to Information and Privacy CSC: Correctional Service of Canada FOI: Freedom of Information FOIP: Freedom of Information and Privacy OIC: Office of the Information Commissioner OPI: Office of Primary Interest The United States‟ Freedom of Information Act of 1966 set the standard for contemporary access laws. Canada enacted its own legislation, the Access to Information Act, in 1982. The provinces and territories have all followed suit, and some have become world leaders in the field. The ATIA has not been substantively re-worked or updated since its inception, and is now in many ways anachronistic, representing a vision of access that pre-dated the rise of the information age. Successive Information Commissioners, journalistic associations, academics, and open government advocates have been calling for law reform and the updating of the Act for years, and „increasing transparency‟ is a staple of political campaign rhetoric – but no political party, once in power, has been willing to enact legislation that would chip away at its ability to control information. Access laws formalize a presumption that information held by government bodies should be publicly available, subject to certain limited exemptions. Accordingly, the same laws that set out the right to request access to records simultaneously set out a variety of grounds for the denial of access to certain types of record. This makes them a bit of a double-edged sword for advocates of transparency, particularly when they are coupled with weak oversight mechanisms. The next section discusses exemptions and redactions. I want to emphasize at the outset that the access to information terrain is contested. There is always a tension between mechanisms that provide for transparency and government interests in maintaining and entrenching secrecy. Information released under access laws can upset government agendas, embarrass politicians and officials, or trouble the official stories about certain policies. For this reason, governments have plenty of incentive to limit the unplanned release of information, and when they cannot prevent disclosure, they invest resources in pro-actively planning responses to ATIP releases. ATIP shops keep senior bureaucrats and communications or public relations offices aware of requests-in-progress, and officials have the opportunity to craft messages in response to release packages before they are delivered to the requester. A number of researchers have also noted that an increased awareness of the potentiality of access requests can lead government officials to limit their „paper trail‟ by not committing communications or other business to record. In addition to being characterized by competing interests and official resistance, access to information regimes are also beset by „systemic problems‟ associated with chronic delays. Access delayed is in effect access denied, and efforts to increase the openness of government are as much about enforcing timely compliance with existing policies as they are about reforming the scope of access laws. The next section discusses extensions in more detail. I could say a great deal more about the politics of ATIP in Canada, and about the forces that work to expand opacity in government, but I don‟t want to give you the impression that I am altogether pessimistic about the Canadian access regime(s). Instead, my intention is to sound a note of caution and alert the reader that the road between request and release can be rocky and uneven, and is certainly not linear; the rest of this Guide will be geared towards facilitating its effective navigation. Who can file? Anyone present in Canada can make use of ATIP mechanisms, and the right to request access to information is not limited to citizens. Non-citizens or representatives of companies present in Canada can also use ATIP acts. In principle, the identity of a requester should not have any bearing on the processing of an ATIP request. The Correctional Service of Canada has also informed me in writing that it does not treat requests from prisoners 3 differently than those of non-prisoners. I have, however, heard some credible anecdotal accounts of prisoners‟ use of ATIP being treated similarly to other prisoner activity deemed to be political by the powers that be, and this is worth bearing in mind (Incidentally, please send any reports of difficulties or reprisals associated with your status as a prisoner-requester to me). I would also note that it is the policy of many ATIP shops to run a „Google search‟ about the requester upon receiving a request, and to sort requests into broad categories based on the requester type: lawyer, journalist, academic, opposition politician, or member of the public. Officially, the purpose of this sort of activity is to collect a bit of data about who is using the ATIP mechanism. Of course the information is also useful for managing the official response to the release of records. Information about the identity of a requester should not leave the ATIP shop, and should not circulate throughout a government body. It is possible to designate another party – a lawyer or family member, for example – to file an ATIP request on your behalf. Some provincial ATIP forms include fields to fill out in order to do this. This is particularly important if you are dealing with a request for personal information, because privacy legislation is intended to prohibit the disclosure of personal information to an unauthorized third party. Thus, if I were to file a request for records that include information about you as an individual – incident reports, institutional files, etc. – I would find those sections withheld or redacted. On the other hand, if you filed such a request personally – or if you formally authorized someone else to make the request on your behalf – you would be entitled to receive the personal information. Jurisdiction: Directing a request towards the right institution is obviously a key step in the process. Requests relating to federal institutions, federal penal policy, and the national-level politics of incarceration can be sent to the Correctional Service of Canada, the Office of the Correctional Investigator, the Parole Board, or to Public Safety Canada. Requests relating to provincial prisons, provincial penal policy, remand custody policy, etc. can be sent to the respective provincial ministry or department, or (in some jurisdictions) to the provincial access intake unit. See the Federal and Provincial Address and Information section at the end of the Guide for more information on this. It is often the case that information about a particular issue or policy is held by more than one department or agency. Where this is the case, the agency that receives the request may engage in lengthy consultations with other agencies prior to releasing any information. For example, a request for information about CSC research and figures about a given area of policy (double-bunking, prison expansion plans, etc.) will likely result in consultations with the Privy Council Office, Public Safety Canada, and / or the Department of Justice. Key positions: Effectively navigating the ATIP process requires an awareness of the roles of the main actors in the field. There are three that stand out as being particularly central, though, again, I note that senior bureaucrats and communications directorates play a role in the management of ATIP releases. The courts also shape the historical trajectory of access regimes, and jurisprudence arising from contestations over access to information is worth looking into. That being said, here are the three positions that requesters will come into contact with, either directly or indirectly. 1. ATIP Analysts / Coordinators: The ATIP unit or directorate is an office within a government department or agency that is tasked with responding to and administering access to information and privacy requests. ATIP analysts act as the point of contact between the requesting public and the government body. They receive and process requests, communicate with the Office of Primary Interest, handle inter-agency and external consultations, and exclude or redact records in accordance with applicable access and privacy laws. The size of ATIP shops differs widely across the country, as does the level of automation used in the processing of requests – some ATIP units use software programs like AccessPro Case Management to handle everything from communications to redaction, while others rely on in-house filing systems and handle redaction by hand. Backlogs and staff attrition are chronic issues in many ATIP shops, and some departments make up for this by hiring private contractors to assist with the processing of requests. Generally speaking, a single ATIP analyst will be assigned to each request, and the analyst‟s name will appear on the initial response letter from the institution. You can also contact the ATIP shop prior to filing a request to have an informal discussion with an analyst or manager. There are two things I would recommend keeping in mind when dealing with an ATIP analyst. First, it is important to note that they are information workers as opposed to subject matter experts. It is often the case that experience or preliminary research will result in the requester knowing more about a given area of policy or practice than the analyst responsible for handling a request for information, which is something that you should bear in mind when discussing a request with them. Second, analysts occupy a complex 4 position within a department or agency. On the one hand, they are tasked with administering access and privacy laws, and they often have a legally mandated „duty to assist‟. They can be extremely helpful to the requester. On the other hand, they are information gatekeepers and employees of risk-averse bureaucracies with entrenched commitments to secrecy. Access laws are simultaneously exclusion laws, and it would be naïve to assume that ATIP analysts are always working with the goal of maximum transparency in mind. Bear this in mind when negotiating with ATIP analysts about the scope or wording of a given request. 2. Offices of Primary Interest: When an ATIP analyst receives an Access or Privacy request, he or she is responsible for „tasking‟ the request to the Office of Primary Interest (OPI) – the office within the government body that is most likely to have control or knowledge of the records being sought. Often, the OPI is a single person. They receive a formal notice about the ATIP request has been received, and are asked to provide the analyst with “records responsive to” the request within a given timeframe. Generally, the requester deals with the OPI only through the intermediary office of the ATIP analyst. OPI‟s are responsible for actually seeking out and compiling the records associated with an ATIP request. When ATIP analysts contact a requester seeking clarification about a request, it is often in response to questions posed by the OPI. In my experience, it is a good idea to provide ATIP analysts with clear questions to ask of OPIs when requests are being negotiated. How many records are responsive to the request? Would an alternate request wording „get at‟ more information? More open-ended questions about what a government body is up to can also produce information that will help you to effectively manage your request. 3. Ombudsmen: Information and / or Privacy Commissioners are ombudsmen offices responsible for receiving complaints about the administration of ATIP, for conducting reviews, and, in some cases, for ordering agencies to release information or taking them to court for refusing to do so. At the provincial level, Commissioners are ombudsmen responsible for both Access and Privacy laws. At the federal level, the Information Commissioner is responsible for the ATIA, whereas the Privacy Commissioner is responsible for the Privacy Act. In my experience, it is inevitable that sustained use of ATIP mechanisms will eventually lead to situations where you as a requester believe that an agency has in some way fallen short of the standards of disclosure and timeliness set out in the applicable laws, and feel the need to refer the matter to an ombudsman‟s office. The personnel at these offices are responsible for investigating complaints, reviewing decisions made by government agencies, and communicating with complainants. They are also responsible for „systemic investigations‟ of pervasive problems with compliance with applicable legislation (such as chronic delays, which plague the federal ATIP regime), and with the production of regular and ad-hoc reports. Some ombudsman offices have „order making powers‟, while others do not. This is an important distinction. An Office with order-making powers has the authority to demand, upon concluding an investigation, that a government body release information that is being unlawfully withheld or delayed. An Office without order-making powers – and note that the Information Commissioner of Canada does not have this power – can take a government body to court over a matter of non-compliance, but cannot order the release of information. It is my position that regular users of ATIP mechanisms should also be regular users of ombudsman mechanisms, or should at very least keep them informed of instances of delay or the unreasonable withholding of information. 3. EXEMPTIONS AND EXTENSIONS All access laws contain provisions that allow government bodies to refuse to disclose certain records or portions of records, based on both the content of the record and the type or source of record. Rather than going through each province‟s ATIP in turn, this section focuses on the federal exemptions most likely to be encountered by requesters seeking information about penal policy and practice. Note that these exemptions are often mirrored in provincial legislation. Common exemptions: (Note that in most cases, a statute of limitations applies to these exemptions, whereby information can no longer be withheld if it is more than 20 years old). Federal-provincial affairs: “The head of a government institution may refuse to disclose any record … that contains information the disclosure of which could reasonably be expected to be injurious to … federal-provincial affairs”. 5 Note that there are a number of federal-provincial-territorial working groups and collaborative partnerships associated with corrections. Information about inter-governmental discussions or planning could be (and, in my experience, has been) excluded under this clause. International affairs and defence: This includes information that could be deemed to be injurious to the defence of Canada or of any allied state. It also includes information relating to the “detection, prevention or suppression of subversive or hostile activities”, and diplomatic correspondence. Law enforcement and investigations: This includes information about investigative techniques, investigations less than 20 years old, and “information the disclosure of which could reasonably be expected to be injurious to the enforcement of any law of Canada of a province in the conduct of lawful investigations”. It also includes “information the disclosure of which could reasonably be expected to be injurious to the security of penal institutions”. * The „security of penal institutions‟ exemption covers things like institutional blueprints and the specifications of security systems. Taken as a whole, this is a broad exemption category. Security: This includes information that “could reasonably be expected to facilitate the commission of an offence”, including information on “criminal methods or techniques”, and information about government security systems. Policing services for provinces or municipalities: Where the RCMP is engaged in the provision of contract policing services, federal requests for information from the RCMP relating to s. 20 of the RCMP Act can be withheld. Safety of individuals: This includes “any record requested under this Act that contains information the disclosure of which could reasonably be expected to threaten the safety of individuals.” Personal information: This covers information that is protected under the Privacy Act, but does not apply when the person in question consents to the disclosure, or if the information being sought is already publicly available. Operations of government: This includes records containing “advice or recommendations developed by or for a government institution or a minister of the Crown” and accounts “of consultations or deliberations in which directors, officers or employees of a government institution, a minister of the Crown or the staff of a minister participate”, and “positions or plans developed for the purpose of negotiations carried on or to be carried on by or on behalf of the Government of Canada” and “plans relating to the management of personnel or the administration of a government institution that have not yet been put into operation”. * This is an exemption that is often applied to records discussing proposals or plans for new policies in corrections. Researchers trying to determine the trajectory of prison expansion in Canada run into “operations of government” exemptions on a regular basis. It is a good idea to avoid using request wording that resembles the quoted portions above. Solicitor-client privilege: Information that is subject to solicitor-client privilege may be withheld. * This can be tricky, as the mere involvement of government lawyers (from the Department of Justice or a Ministry of Justice) in a discussion can be cited as justification for the exemption of the content of the records. And government lawyers are involved in a lot of meetings … Confidences of the Queen’s Privy Council for Canada: * This is a „mandatory exclusion‟. Records that contain advice for or discuss the deliberations of the Privy Council are exempt from the federal ATIA. In addition to outright exemptions, there are also clauses that allow government bodies to extend the request timeframe. Major delays related to extensions are de facto denials of information, and a source of immense frustration. I would consider chronic delays to be the single most persistent and frustrating problem with the Canadian access regime. Extensions: Normally, institutions must adhere to a statutory timeline when processing a request, and this usually means that they have between 30 and 60 days to provide a response to the requester. Subsection 9 of the federal ATIA allows an ATIP shop to invoke an extension if: (a) The request is for a large number of records and “meeting the original timeline would unreasonably interfere with the operations of the government institution”; * 6 Note: this sort of extension can be grounds for some negotiation about the scope of a request. In some instances, it may be worthwhile to narrow the scope of a request, so as to reduce the processing time and therefore the extension. (b) “Consultations are necessary to comply with the request that cannot reasonably be completed within the original time limit”; or * An ATIP shop will initiate consultations when the information being sought discusses the work of other government bodies. It is often the case that policing, security, and corrections programs or practices are the result of collaborations involving multiple government agencies, so consultationrelated extensions are commonplace. Some government institutions – the Department of Foreign Affairs and the Privy Council Office, for example – are notoriously bad at performing consultations within a reasonable time limit, and this can result in lengthy delays. A request relating to federal correctional practices may result in release packages that contain documents from the Correctional Service of Canada, Public Safety Canada, the Privy Council Office, the National Parole Board, and the Department of Justice (perhaps a single joint report or chain of emails). In this case, the responding agency would be able to run the release package past each of these institutions prior to getting back to the requester. (c) The request deals with records that contain the trade secrets of a third (non-government) party. * As the prison industrial complex grows, so too do the linkages between public bodies and private service or technology providers involved in correctional practices. Where the records being sought discuss the work of a third party, the responding agency can allow them to make representations about „trade secret‟ information that should not be released, and this can result in an extended request timeline. When an institution invokes an extension, it has to inform both the requester and the Office of the Information Commissioner in writing, and to indicate how long the timeframe is being extended. Extensions are not supposed to be arbitrary, and institutions have guidelines for assessing their length (for example, n # of pages = x days extension). In practice, though, extension times vary widely – especially those associated with consultations. A typical extension can be of 60 to 100 days in length, but I have received some 300+ day extensions. Redactions: Where a government body applies an exemption clause to refuse access to information, the result can apply to entire pages or whole records, or to portions of a page. In the latter case, the information being withheld may be censored via „blacking out‟, resulting in the classic image of the redacted document. As ATIP software programs become increasingly prevalent, this form of redaction is being replaced by electronic exemptions, which can show up as „whited out‟ space that is indistinguishable from a document background. In some instances, this can make it difficult for the requester to know exactly where information has been withheld. See below for examples of both approaches. The document on the left was redacted by hand, with visible „blacked out‟ spaces. The document on the right also contains redactions, but they were done electronically and show up as voids in the text. * 7 4. BEFORE FILING: A CHECKLIST Decide whether you are requesting access to general government information or personal information held by a government body. Figure out which institution, department or agency is most likely to have the information you are looking for (note that most access laws allow an agency to transfer a request if it decides that another agency is more likely to have control over the information being sought). Figure out where to send the completed request (mailing address). Engage in informal calls and discussions with the ATIP shop. Discuss your ideas, ask questions, and try to refine your request wording. Ask if similar requests have already been processed. Obtain and fill out an official ATIP form – OR, find out what information is required for a government body to process your request, and prepare your own letter. = Figure out whether or not there is an application fee, and if so, who to make the cheque out to. Refine and finalize the wording of your request. Remember that you can append a page to an official form if you need more space, and that your request may be further refined during negotiations with ATIP analysts. If possible, and if applicable, prepare a short letter requesting a fee waiver. Cite financial hardship and / or public interest in the information being sought. Prepare to take notes about the process. Make a list of the key information about your request that you will need to record - things like the file number assigned to the request, the date that the request is received, the date that the request is due, the dates that you discuss your request with the ATIP Analyst, and the details of any decisions that you make during those discussions. 8 5. THE PROCESS 1. Preliminary research a. Make a list of the types of records you are seeking, and the agency / ministry / department - and, if possible, office - that would be most likely to have them. Make a note of any „official‟ terminology that might apply to your request. 2. Informal request (optional but HIGHLY RECOMMENDED) a. If possible, contact the agency / ministry / department directly and ask if they can provide you with the information informally. If they cannot or will not, get in touch with someone in the Access to Information and Privacy unit at the agency / ministry / department and ask them to help you with the wording or framing of a formal request. Most ATI legislation provides a „duty to assist‟, and this preliminary help can save time in the long run. Information coordinators can be asked to provide details about an institution‟s record holdings (the types and categories of records it holds), as well as more specific help related to the information you are seeking. 3. Prepare and submit a formal request a. If possible, use an official form for the jurisdiction in question. If this is not possible, be sure to include the following information: Your full name, mailing address, contact information, a description of the information you are seeking (more on this below), a description of the format in which you would like to receive it (some jurisdictions offer the option of paper or CD), a description of the date range for the search (for example, do you want them to look for applicable records from 2009-2010, or from March 2010 - April 2010, etc.), whether you want to receive the information in the mail or view it in-person (choose the former), the date you are sending the request, and a signature. For federal requests, also indicate whether you are a Canadian citizen or permanent resident. Be sure to include the required processing fee in the form of a cheque (see the tables below for more information about this). Note that you may be contacted by the agency / ministry / department in order to confirm your identity. 4. Receive letter acknowledging request and noting request file number. a. Make a note of the date your request was received, and of the file number for each request. Depending on the jurisdiction, the agency / ministry / department may have 30 or 60 days to respond to your request. 5. Receive requests for clarification, and engage in back-and-forth negotiations (sometimes) a. It is not unusual for an ATI / FOI analyst to contact you to request clarification about your request. This can be helpful, or it can lead you to making concessions that narrow the range of your request - so be cautious. Always request a letter outlining whatever decisions were made about alterations to your request. Analysts act as information brokers between you and the Office(s) of Primary Interest (OPI) - the office(s) within an agency / ministry / department deemed most likely to have the information you are looking for. 6. Receive letter outlining extension and / or fee estimate (sometimes) 9 a. Agencies / ministries / departments can extend the timeline for a request beyond the statutory 30- or 60-day limit for a variety of reasons. The Canadian access regime is fraught with systematic delays related to extensions. Extensions can be associated with the need to review or process large quantities of information, the need to consult other government entities or third parties, or, in some jurisdictions, because meeting the timeline would „unreasonably interfere‟ with the operations of the agency. It is not unusual to receive extension notices of 60, 120, 180, or 280 days. You can file a complaint if you feel that an extension is unreasonable. You should always ask the analyst in charge of your file if it is possible for them to send you an „interim release‟ package containing those records that have already been processed or do not require consultation. Regarding fees: Most jurisdictions charge a nominal initial request fee that comes with several hours of search and processing time. There can be additional costs associated with photocopying, search and processing beyond the initial timeframe, and data processing. You will receive a fee estimate statement and a request for instruction on how to proceed. In some jurisdictions, 50% of the estimated fee must be paid up front. Fee estimates can be a major factor in negotiating request scope, and high fee estimates act as incentives to modify and narrow requests. In some jurisdictions, the applicable ATI law will contain provisions for fee waivers. ALWAYS inquire about this. Grounds for waivers can include financial hardship and the public interest value of the information being sought. I recommend that prisoners seek fee waivers on grounds of financial hardship wherever possible. 7. Receive release package a. Eventually, you will receive a final response / release package. It will contain one of three things - either a letter indicating that „after a thorough search, we found no records responsive to your request, a letter indicating that access to the records you are looking for has been denied, or (ideally) a package of documents and records. This package may be incomplete, and subject to redaction (blacked- or whited-out information), exemption, or exclusions on a variety of grounds. Most agencies / ministries / departments provide a summary of the sections of the applicable legislation that were invoked for the redaction or exclusion of information. 8. File request for review, appeal, or complaint (if you feel information has been unreasonably denied, or that the process is unreasonably delayed) a. If you feel that there have been unreasonable exemptions or redactions to your information, or if you feel that information is simply missing (or for a number of other reasons), you can file a formal complaint or request for appeal. I always recommend contacting the ombudsman and requesting advice prior to filing your complaint. Note that you can complain about extension times, fee estimates, and delays while a request is still being processed - you do not have to wait until you receive a decision. * Note: Sustained ATI research tends to be cyclical in nature, with the release package for each request providing clues that inform subsequent requests. I recommend making a note of passages that suggest a potential for follow-up. 10 6. REQUEST WORDING This is obviously one of the most important parts of the process. Your initial request - which can be written in the space provided on an official form or appended as a separate page - sets out the nature of the information you are seeking, the date range you are interested in, and other key details. Vague requests will prompt calls or letters seeking clarification. Be as specific as possible. Talk about the types of records you are looking for - most requests seek documents, but it is possible to request access to images, audio recordings, videos, electronic database records, and other types of record. Information that has already been made available (online, for example) or is available to purchase is usually exempted from ATI requests. Tips • You can ask for “All documents and records related to ...” if you want the search to be wide. You can add “including but not limited to ...” and then list a few record types to get the ball rolling and help the analyst task your request to an Office of Primary Interest. • You can ask for “Final drafts or last versions only” if you want to cut back on duplication (and search and processing times). • Remember: The system is characterized by unreasonable and lengthy delays. Take this into consideration when framing a request. Try to avoid „mega-requests‟ that ask for a wide range of records on a variety of topics. It is often better to file several separate requests, each targeting a specific type of record or a given topic. In part, this is because the wider the scope of a request, the more likely that the recipient agency will engage in consultations with other agencies that have a stake in the information. • In most jurisdictions, courts and court records are not covered under ATI law. However, most court records are technically public information. Contact the court clerk at the courthouse in question to inquire. An incomplete list of types of records that may be of interest: Communications and media relations products: Strategic public relations are an increasingly central feature of government. Some public safety and correctional departments / agencies engage in ongoing analysis of issues of interest in the media, producing things like „daily or weekly media summaries‟, trend reports, and media bulletins. These documents offer interesting windows into the ways in which the socio-politics of incarceration intersect with broader public relations and political issues. Q‟s & A‟s, QP Notes, Media Lines, and Talking Points: „Message Discipline‟ is pervasive in government, and considerable resources are invested in ensuring that spokespeople, officials, and politicians have approved scripts to read from. When ministers speak in parliament, they are usually reading prepared „QP Notes‟ and „Q‟s & A‟s‟ documents. Discussions with the media are governed by official „Media Lines‟ or „Talking Points‟. Gaining access to these texts helps to open up the processes associated with the manufacturing of official discourse. Memoranda for / from officials: New initiatives, major incidents, changes in policy, or upcoming issues are often communicated to senior officials in the form of memoranda. You can request „Memoranda for the Minister / President / Deputy Minister‟, etc. You can also request memoranda going in the other direction - „Policy Directives‟, memos, and „Standing Orders‟ that have been issued by political or bureaucratic officials, and intended to inform actions down the line. Memoranda to the Minister often include summaries of the issues being considered, policy options, and other topics of interest. Memoranda of Understanding and Contracts: So-called „public safety‟ and „correctional‟ practices are increasingly collaborative in nature, with multiple public agencies or departments involved in a given activity or program. The relationships between these entities are often set out in memoranda of understanding, which can be requested. You can also request contracts between an agency / ministry / department and a third-party private sector entity that has been hired to provide a service. 11 Emails, faxes, and other communications: Emails, meeting agendas and minutes, faxes, and memoranda prepared by and exchanged between public servants usually fall under access laws (with exceptions associated with solicitor-client conversations, private information, matters of „cabinet confidence‟ or „national security‟, etc.). You can request communications in relation to a given topic, between certain individuals, and / or covering a certain time period. Many communications are intended to leave no record (telephone conversations, for example), but a request for emails and faxes can still yield a lot of information about the different actors involved in a particular conversation or practice. Personal Information: You have the right to request access to records containing your personal information. This encompasses a wide range of records, and can include things like staff notes, official files, database entries, special reports, and evaluations. If possible, try to conduct preliminary research to identify the types of „personal record holdings‟ that might contain information about you. Reports and studies: Regular or special reports are prepared by most departments, sometimes to keep track of a trend, and sometimes in relation to an emerging issue. Requests for reports, special reports, or the „deliverables‟ or „products‟ of contract or in-house research can produce interesting information. Training documents: Government employees, including professionals working within the criminal justice system, receive training, take specialized courses, and attend seminars and special briefing sessions. Requests for training documents - including course outlines and syllabi, PowerPoint decks, speaking notes, and handouts, can provide invaluable insights into how policy is translated into practice. Financial documents (“Follow the Money”): It is possible to obtain copies of budget documents, spending breakdowns, and estimated, projected or proposed costs associated with specific programs or areas of funding. A wide range of financial records can be requested, from general summaries to specific bills and itemized balance sheets. I highly recommend filing requests for financial documents related to programs or initiatives. Note that financial records are often organized according to fiscal year, as opposed to calendar year. Incident Reports: Reports are prepared for various officials (managers, institutional directors, communications officials, deputy ministers, ministers, etc.) in relation to major events, incidents, or policy developments. Requests for „incident reports‟ or „special reports‟ can often yield interesting information about the „official‟ account of a department or agency. Records of previous requests: Most government agencies use software to keep track of ATIP / FOIP requests, and it is possible to request a printout of the wording of requests that have been processed during a given time period. The advantage of this is that you can then request a duplicate of any release package of interest. Such requests move through the system quickly, as all consultations / redactions / exemptions (except relevant privacy exemptions) have already been applied. You can request copies of release packages by citing the institutional file number associated with them. This is a great way to see what has already been made public, and to „piggyback‟ on the requests of those who have come before. If you have informal discussions with ATI / FOI analysts prior to filing a request, it is worth asking whether they know of any similar requests that have already been processed. 12 7. FEDERAL AND PROVINCIAL ADDRESSES AND INFORMATION ATI / FOI Addresses Ombudsman Addresses Canada (Federal) Governed by the Access to Information Act and the Privacy Act * A cheque for $5.00 made out to the Receiver General of Canada must be submitted with each request. There is no fee for filing a complaint with the Office of the Information Commissioner. This form: http://www.tbs-sct.gc.ca/tbsf-fsct/350-57-eng.pdf can be used for filing a federal ATI request. This form: http://www.tbs-sct.gc.ca/tbsf-fsct/350-58-eng.pdf can be used for filing a Personal Information request. Correctional Service of Canada Access to Information and Privacy Coordinator Sir Wilfrid Laurier Building 340 Laurier Avenue West Ottawa, Ontario K1A 0P9 Telephone: 613-992-8321 Facsimile: 613-995-4412 Public Safety Canada Access to Information and Privacy Coordinator 269 Laurier Avenue West, 11th Floor Ottawa, Ontario K1A 0P8 Telephone: 613-991-2929 Facsimile: 613-949-4622 Office of the Correctional Investigator Access to Information and Privacy Coordinator 60 Queen Street, 11th Floor Ottawa, Ontario K1P 6L4 Telephone: 613-990-2692 Facsimile: 613-990-9091 Parole Board of Canada Access to Information and Privacy Coordinator 410 Laurier Avenue West, 7th Floor Ottawa, Ontario K1A 0R1 Telephone: 613-954-6547 Facsimile: 613-957-3241 Canada Border Services Agency Access to Information and Privacy Coordinator 410 Laurier Avenue West, 10th Floor Ottawa, Ontario K1A 0L8 Telephone: 613-960-1414 Facsimile: 613-957-6408 Note: The Treasury Board Secretariat compiles a list of all federal institutions covered by the Access to Information Act (including mailing addresses for ATIP coordinators), and publishes this information under the heading Info Source, available online at http://www.infosource.gc.ca/index-eng.asp . Info-source includes descriptions of the information holdings for each federal department or agency, and is a valuable resource. The TBS can be reached at 613-946-4945. The Office of the Information Commissioner of Canada is the federal information ombudsman. Complaints may be filed within 60 days of receiving a response from a department / agency. Grounds for complaining include: - improper denial of information (unreasonable delay in response, unreasonable quoted extension, or deemed refusal); - improper delay; - unreasonable fees; - information not provided in official language of choice; - other grounds A complaint form is available for download from the OIC website (http://www.infocom.gc.ca/eng/lc-cj-logde-complaintdeposer-plainte.aspx). Complaints can also be sent in writing to: The Information Commissioner of Canada Place de Ville, Tower B 112 Kent Street, 7th Floor Ottawa, Ontario K1A 1H3 Or by fax to (613) 947-7294 It is highly recommended that you call the OIC to seek advice prior to filing a complaint, particularly if you are not familiar with the procedures. Call 1-800-267-0441 (Toll-free). The Office of the Privacy Commissioner of Canada is the federal privacy ombudsman. Privacy Commissioner of Canada 112 Kent Street Place de Ville Tower B, 3rd Floor Ottawa, Ontario K1A 1H3 Include your full contact details in your letter, including your name, address and the telephone number where you can be reached, and provide as much detail as possible about your complaint. 13 ATI / FOI Addresses Ombudsman Addresses Alberta Governed by the Freedom of Information and Protection of Privacy Act (FOIP Act) and the Health Information Act (HIA). There is a $25 initial fee for submitting a FOIP request for general information. Fees do not apply to request access to or a correction of personal information. Make cheques payable to the „Minister of Finance and Enterprise‟. A generic access form is available online, at The Provincial information ombudsman is the Office of the http://www.oipc.ab.ca/Content_Files/Files/Publications/form11 Information and Privacy Commissioner of Alberta. 2_request_to_access_information.pdf . This form includes detailed instructions and tips. An access brochure can also be There are offices in Edmonton and Calgary: found at http://www.oipc.ab.ca/Content_Files/Files/Publications/Access # 410, 9925 - 109 Street _to_Information_Laws_Alberta_02-12-09.pdf . Edmonton, AB T5K 2J8 Corrections is located within the Ministry of the Solicitor General and Public Security. Phone: 780-422-6860 Fax: 780-422-5682 Correctional Services Freedom of Information and Protection of Privacy (FOIPP) 2460 – 801 – 6th Avenue SW Manager Calgary, AB 9th Floor, J.E. Brownlee Building T2P 3W2 10365 - 97 Street Edmonton, Alberta T5J 3W7 Phone: 403-297-2728 Fax: 403-297-2711 Telephone: 780-427-3441 or 780-427-3457 Requests for reviews of FOIP decisions must be made using the official form, which is available at http://www.oipc.ab.ca/Content_Files/Files/Publications/RR_fr m_July2010.pdf . Call the Office at one of the above numbers and request that they mail you a form if you cannot access the online version. British Columbia Governed by the Freedom of Information and Privacy Protection Act * There is no charge associated with requests for personal information. Requests for other information may be subject to a fee based on „search time‟. The first three hours of search time are free, and subsequent hours are charged. There is also a charge for photocopying. There is no fee for filing a complaint with the BC Info and Privacy Commissioner. British Columbia has centralized its provincial freedom of information intake system. Send requests for information, or for personal information, to Freedom of Information Request PO Box 9569 Stn Prov Govt Victoria BC V8W 9K1 Fax: 250-387-9843 Email: FOI.Requests@gov.bc.ca Be sure to note that you are requesting information held by the Ministry of Public Safety and Solicitor General (or another department or ministry). You can also contact the Information Manager at the Ministry of Public Safety and Solicitor General directly, at: PO Box 9569 Stn Prov Govt Victoria, BC V8W 9K1 tel: 250 356-0845 fax: 250 387-9843 The Office of the Information and Privacy Commissioner for British Columbia is the BC Information and Privacy ombudsman. You can file a request for a review of the written decision of a public body in response to an access request within 30 working days. An info / privacy complaint form is available online at http://www.oipc.bc.ca/pdfs/public/FIPPA_Request_for_Revie w_Complaint_Form.pdf . A number of other helpful guides and reports are available online at http://www.oipc.bc.ca/. Office of the Information and Privacy Commissioner for British Columbia PO Box 9038, Stn. Prov. Govt. Victoria, BC V8W 9A4 Telephone: (250) 387-5629 For toll-free access call Enquiry BC at: Vancouver: (604) 660-2421 Elsewhere in BC: (800) 663-7867 and request a transfer to (250) 387-5629: Fax: (250) 387-1696 14 ATI / FOI Addresses Ombudsman Addresses Manitoba Governed by the Freedom of Information and Protection of Privacy Act (FIPPA) and the Personal Health Information Act (PHIA) * There is no fee for making an application under the FIPPA, and each request receives two hours of free search and prep time. After that, the fee is $15 per half hour of search and processing time. Photocopies and prints are also charged. You will receive a notification of fee estimate prior to being charged, and will have the opportunity to accept or reject the fee, file a complaint about it, or request for it to be waived. I always recommend making the case that fees should be waived on grounds of „undue financial hardship‟ (certainly true in the case of most prisoners) and / or that the records being requested „relate to a matter of public interest‟. The PHIA applies to personal health information only - other requests fall under the FIPPA. Manitoba Justice - Corrections Division Information Ombudsman services are provided by the Access Head Office and Privacy Division of the Ombudsman of Manitoba. 810 - 405 Broadway Winnipeg MB R3C 3L6 Ombudsman Manitoba Phone: (204) 945-7804 750 - 500 Portage Avenue * Ask to be transferred to the Freedom of Information office. Winnipeg, MB R3C 3X1 (204) 982-9130 Information and Privacy Policy 1-800-665-0531 (toll-free) Secretariat (204) 942-7803 (fax) 130-200 Vaughan Street Winnipeg, MB R3C 1T5 The Access and Privacy Division has a downloadable T: 204-945-1252 complaint form available at F: 204-948-2008 http://www.ombudsman.mb.ca/pdf/FIPPACOM.pdf . You Email: fippa@gov.mb.ca should be able to contact them at the telephone number listed above and request that a form be mailed to you. f you are not sure which public body has the information you would like to see, you can call the Information and Privacy Policy Secretariat at (204) 945-3445. New Brunswick Governed by the Right to Information and Protection of Privacy Act *There is a $5.00 fee for information requests. This comes with two hours of search and preparation time. After that, search and preparation costs $15 for every 30 minutes. Photocopying costs $0.25 per page. Fee estimates are sent before processing begins, and you must pay 50% of the estimated cost up front. For a request where the head is a Minister of the Crown (which is the case for requests to the Community and Correctional Services branch of Public Safety, make your cheque payable to Minister of Finance. For a request to a public body where the head is not a Minister of the Crown, contact the appropriate RTIPP Coordinator for payment information. Public Safety / Community and Correctional Services The Access to Information and Privacy Commissioner provides Argyle Place independent review of decisions made by heads of public Attn: RIPPA Coordinator bodies under the RIPPA. P. O. Box 6000 Fredericton, NB You can file a complaint within 60 days of being notified of a E3B 5H1 decision. You can instead refer the matter to a judge of the Canada Court of Queen‟s Bench. The Commissioner has the power to investigate and make recommendations, and the authority to RIPPA Coordinator: Faye Morehouse seek an informal resolution. If a public body does not follow Phone: (506) 453-5975 the recommendations of the Commissioner, the matter can be Fax: (506) 453-3311 referred to a judge of the Court of the Queen‟s Bench, who is able to make a binding judicial decision. A Request for Information Form is available online at https://www.pxw1.snb.ca/snb7001/e/1000/CSS-FOL-SNB-77- A template for complaints is available online at 0002E.pdf . http://www.gnb.ca/0062/regs/pics/2010-111_en_002_001.pdf , Office of Access to Information and Privacy Commissioner P.O. Box 6000 706 Queen Street Fredericton, New Brunswick E3B 5H1 Phone (506) 453-5965 / Toll-free 1-(877)-755-2811 Fax (506) 453-5963 E-mail access.info.privacy@gnb.ca 15 ATI / FOI Addresses Ombudsman Addresses Newfoundland and Labrador Governed by the Access to Information and Privacy Act (ATIPPA) * There is a $5 fee for ATIPPA requests, payable to the „Newfoundland Exchequer‟ if the request is being submitted to a government department. There may be additional fees levied for photocopying, search and processing, in which case you will be sent an estimate before the request proceeds. A generic application form is available online at The provincial information ombudsman is the Information & http://www.justice.gov.nl.ca/just/forms/form1_application_for_ Privacy Commissioner. request.pdf. Office of the Information & Privacy Commissioner Department of Justice Ed Ring, Commissioner ATIPP Coordinator 2nd Floor, 34 Pippy Place PO Box 8700, 4th Floor, East Block Confederation Bldg. P.O Box 13004 Station A St. John's, NL St. John's, NL A1B 3V8 A1B 4J6 Tel: (709) 729-6309 Toll Free: 1-877-729-6309 Telephone: (709) 729-7073 Fax: (709) 729-6500 Email: commissioner@oipc.nl.ca Northwest Territories Governed by the Access to Information and Protection of Privacy Act (ATIPP Act). *Requests for information cost $25, whereas requests for personal information are free. Cheques can be made out to the department receiving the request, or to the Government of the Northwest Territories. There is no charge for requesting a review of a decision by the Information and Privacy Commissioner. For general assistance with access requests of any kind, The NWT Information and Privacy Commissioner is the contact: territorial ombudsman. Access and Privacy Office Policy and Planning Division Department of Justice Government of the Northwest Territories PO Box 1320 Yellowknife NT X1A 2L9 Phone (867) 920-6418 Fax (867) 873-0659 To request records from the Department of Justice (including records related to corrections), contact Department of Justice Senior Policy Advisor, Information and Privacy Policy and Planning Division Department of Justice 6th Floor Courthouse, 4903-49th Street P.O. BOX 1320 YELLOWKNIFE NT X1A 2L9 Phone: (867) 873-7015 Fax: (867) 873-0659 The Department of Justice also maintains an Access and Privacy Directory, which can be downloaded at http://www.justice.gov.nt.ca/ATIPP/documents/Directory.pdf . Information and Privacy Commissioner of the Northwest Territories 5018, 47th street Yellowknife, Northwest Territories X1A 2N2 Phone: (867) 669-0976 Fax: (867) 920-2511 Email: atippcomm@theedge.ca 16 ATI / FOI Addresses Ombudsman Addresses Nova Scotia Governed by the Freedom of Information and Protection of Privacy (FOIPOP)Act and the Municipal Government Act * There is no charge for applications for your own personal information or correction of your personal information. However, there is a mandatory $5 application fee for access to general records. There may be additional fees associated with processing, preparation, and photocopying. There is no charge associated with applying for a review of a FOIPOP decision. A generic FOIPOP request form is available online at Complaints can be sent to the Nova Scotia Freedom of http://foipop.ns.ca/content/Forms/Form1.pdf. Information and Protection of Privacy Review Officer. Nova Scotia Department of Justice Judith Emery, IAP Administrator EMERYJM@gov.ns.ca (902) 424-6572 Mail Address: PO Box 7 Halifax, NS B3J 2L6 Fax: (902) 722-1153 A Request for Review form is available online at http://foipop.ns.ca/content/Forms/Form7.pdf. Mailing Address: Nova Scotia Freedom of Information and Protection of Privacy Review Office Box 181 Halifax, NS B3J 2M4 No Charge-Dial:1-866-243-1564 A description of the FOIPOP Application Process is available online, at http://www.gov.ns.ca/just/IAP/AI_process.asp. Phone: (902) 424-4684 Fax: (902) 424-8303 Nunavut Governed by the Access to Information and Protection of Privacy Act. As an ongoing interim measure, until it drafts its own legislation, Nunavut is using an amended form of the Northwest Territories ATIPP Act. *Requests for information cost $25, whereas requests for personal information are free. There is no charge for requesting a review of a decision by the Information and Privacy Commissioner. Corrections The territorial ombudsman is the Office of the Information and Department of Justice Privacy Commissioner of Nunavut. The Information and Government of Nunavut Privacy Commissioner is an independent member of the P.O. Box 1000, Station 580 Legislative Assembly of Nunavut. Iqaluit, Nunavut X0A 0H0 Request for Access to Information forms are available online (in English, French, and Inuktitut) at Email: Justice.corrections@gov.nu.ca http://www.eia.gov.nu.ca/en/atipForms.aspx . Tel: 867-975-6500 Fax: 867-975-6515 Kim Warren Manager, Access to Information and Protection of Privacy The Information and Privacy Commissioner of Nunavut also Department of Executive and Intergovernmental Affairs lists the following coordinator contacts for the Department of Government of Nunavut Justice: P.O. Box 1000, Station 200, Iqaluit, NU X0A0H0 Karolina Grzeszczuk Policy Analyst Phone: 867-975-6158 Fax: 867-975-6151 Email: kgrzeszczuk@gov.nu.ca Connie Merkosak Policy Analyst Phone: 867-975-6174 Fax: 867-975-6151 Email: cmerkosak@gov.nu.ca Phone: 867 975-6044 Fax: 867 975-6091 E-mail: kwarrenEIA@gov.nu.ca 17 ATI / FOI Addresses Ombudsman Addresses Ontario Governed by the Freedom of information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act * There is a $5.00 fee for all requests for information or personal information. Cheques should be made out to „The Minister of Finance‟. Additional fees may be associated with search time, photocopying, or shipping. Cheques should be made out to the . Appeals / complaints cost $25 for information requests and $10 for personal information requests. Appeal cheques should also be made out to „The Minister of Finance‟. The Office of the Chief Information and Privacy Officer for The Office of the Information and Privacy Commissioner of Ontario maintains a Directory of Records for departments, Ontario is the provincial ombudsman. agencies, and ministries. The Directory lists the types of records that each ministry holds. It is not necessary to refer to Information and Privacy Commissioner/Ontario the Directory when making a request, but it can really help. It 80 Bloor Street West, Suite 1700 allows you to target a request towards the unit or office most Toronto, Ontario M5S 2V1 likely to have the information you are looking for. The Telephone: (416) 326-3333 • 1-800-387-0073 Directory is available online at Facsimile: (416) 325-9195 http://www.cfipo.gov.on.ca/mbs/dor/dirrec.nsf/ODAMainpage/ TTY: (416) 325-7539 . The Directory is not readily available offline, but information Web site: http://www.ipc.on.ca coordinators at each department and ministry will have access to it, and you can ask them to provide you with the Directory A number of useful guides and brochures, including detailed content you need. information about the appeals process, are available on the IPC website. The website also contains a searchable archive of past Ministry of Community Safety and Correctional Services appeals, including a number of appeals related to Corrections, Freedom of Information and Privacy Protection Services and several related to the personal files of prisoners. These PO Box 4100 decisions and resolutions records are good research aids 200 First Avenue West (http://www.ipc.on.ca/english/decisions-and-resolutions/), North Bay ON P1B 9M3 though you will need to have a copy of the relevant Acts on Telephone (705) 494-3080 hand for reference. Fax (705) 494-3081 Ministry of the Attorney General Freedom of Information and Privacy Office 720 Bay Street, 5th Floor Toronto, ON M7A 2S9 Telephone: (416) 326-4300 Fax: (416) 326-4307 Note: A generic request form is available online at http://www.ipc.on.ca/images/Resources/up-1request.pdf . The Ministry of Community Safety and Correctional Services also offers to mail requesters a copy of the Access Request Application form if they call (705) 494-3080. Prince Edward Island Governed by the Freedom of Information and Protection of Privacy (FOIPP) Act *There is a $5 fee for requests for general information made under the FIPPA, and additional fees may apply for processing and photocopying. No charge applies to requests for personal information. Cheques should be payable to the „Minister of Finance and Municipal Affairs‟ when dealing with Government departments. There is no fee for requesting a review of a public body's decision by the Commissioner. A generic request form is available online at The Provincial information ombudsman is the Information and http://www.gov.pe.ca/forms/pdf/641.pdf . Privacy Commissioner of PEI. An application for review is available online at http://www.gov.pe.ca/forms/pdf/793.pdf. Department of Justice and Public Safety FOIPP Coordinator Office of the Information and Privacy Commissioner: Office of Public Safety J. Angus MacLean Building PO Box 911 180 Richmond Street Charlottetown, PE P.O. Box 2000 C1A 7L8 Charlottetown, PE cbmcneill@gov.pe.ca C1A 7K7 894-0374 Tel: (902) 368-4099 Fax: (902) 368-5947 18 ATI / FOI Addresses Ombudsman Addresses Quebec Governed by the Act respecting Access to documents held by public bodies and the Protection of personal information * There is no fee associated with filing a request. However, a public body may levy fees associated with photocopying, transcribing, etc., and they must provide written notification before doing this. There is no fee associated with requesting a review of an access decision. A generic template letter requesting access is available online, The Quebec information ombudsman office is the Commission at http://www.securitepublique.gouv.qc.ca/en/ministere/acces- d‟accès à l‟information (http://www.cai.gouv.qc.ca/). information-protection.html. QUÉBEC (headquarters) M. Jean Boulé Suite 1.10 575, rue Saint-Amable Responsable de l'accès aux documents et de la protection des Québec (Québec) renseignements personnels G1R 2G4 Secrétariat général Telephone: 418 528-7741 Fax: 418 529-3102 Ministère de la Sécurité publique 2525, boulevard Laurier, 5e étage MONTRÉAL Tour des Laurentides Suite 18.200 500, boul. René-Lévesque Ouest Québec (Québec) G1V 2L2 Montréal (Québec) Téléphone : 418 643-6303 H2Z 1W7 Télécopieur : 418 643-027 Telephone: 514 873-4196 Fax: 514 844-6170 Justice TOLL-FREE LINE FOR BOTH OFFICES Me Andrée Giguère 1 888 528-7741 1200, route de l'Église 9e étage Québec (Québec) G1V 4M1 EMAIL cai.communications@cai.gouv.qc.ca Tél. : (418) 643-4090 Téléc.: (418)643-3877 WEB SITE www.cai.gouv.qc.ca Saskatchewan Governed by the Freedom of Information and Protection of Privacy Act (covering government institutions), the Local Authority Freedom of Information and Protection of Privacy Act and the Health Information Protection Act. * There is no application fee for requests made under the FOIP, though fees may apply for photocopying ($0.25 / page) and processing time above the initial period ($15 per half hour). Application forms are available by calling the Freedom of The Provincial Information Ombudsman is the Saskatchewan Information inquiry line at (306) 787-5473 or by emailing Information and Privacy Commissioner. AccessPrivacyJustice@gov.sk.ca. Forms are also available for downloading off the internet at Saskatchewan Information and Privacy Commissioner http://www.qp.gov.sk.ca/documents/Forms/F22-01R1-A.pdf 503 -- 1801 Hamilton Street and available at many provincial government offices in Regina, Saskatchewan Saskatchewan. Applicants can request a fee waiver (for S4P 4B4 anticipated photocopying and search or processing fees) at the Telephone: (306) 787-8350 same time that an initial request is made, but the burden of Toll Free Telephone (within Saskatchewan): 1-877-748-2298 proof is on the applicant to demonstrate financial hardship or Facsimile: (306) 798-1603 public interest. e-mail: webmaster@oipc.sk.ca Department of Justice and Attorney General Access and Privacy Branch A request for review form is available online at 1020-1874 Scarth Street http://www.qp.gov.sk.ca/documents/Forms/F22-01R1-B.pdf. Regina, Saskatchewan S4P 4B3 Phone: (306) 787-5473 Fax: (306) 798-4064 E-mail: accessprivacyjustice@gov.sk.ca Corrections, Public Safety and Policing, Ministry of Freedom of Information and Protection of Privacy Room 500 - 1874 Scarth Street REGINA SK S4P 4B3 Phone: 798-0334 Fax: 787-6979 19 ATI / FOI Addresses Ombudsman Addresses Yukon Governed by the Access to Information and Protection of Privacy Act (ATIPP Act) * There is no fee associated with filing an ATIPP request. However, applicants are required to pay per-page charge for photocopying (if the cost of copying exceeds $25) and hourly rate for locating, retrieving, and producing a record and preparing it for disclosure. There is no fee associated with requesting a review of an ATIPP decision by the Ombudsman. A generic ATIPP request form is available online The territorial ombudsman is the Office of the Yukon (http://www.atipp.gov.yk.ca/pdf/atipp_f_requestyg4552_b.pdf) Ombudsman and Information & Privacy Commissioner . (http://www.ombudsman.yk.ca/). A generic complaint form is available here: Requests should be sent to: http://www.ombudsman.yk.ca/pdf/Ombudsman%20complaint %20form.pdf. ATIPP Office (W-10) Department of Highways and Public Works, Government of Office of the Ombudsman Yukon 211 Hawkins Street, Suite 201 Box 2703 Whitehorse, Yukon Y1A 2C6 Whitehorse, Yukon Y1A 2C6 Telephone: toll free in the Yukon 1-800-661-0408 (ext. 8468) Department of Justice Contacts*: (867)667-8468 Coordinator Sonyau Stavely Phone: (867) 667-3033 Fax: (867) 667-5790 Alternate / Dan Cable Phone: (867) 667-3508 * Request help with an ATIPP request regarding Community and Correctional Services. Email: info@ombudsman.yk.ca Fax: (867) 667-8469 Access to Information NGOs Location International Group freedominfo.org - International portal linking freedom of information advocates. Resources include best practices, lessons learned, and archive or articles about freedom of information. Contact Website: www.freedominfo.org Suite 701, Gelman Library, 2130 H Street NW Washington D.C. 20037 Email: freeinfo@gwu.edu Website: http://fipa.bc.ca/about/ FIPPA #103 - 1093 West Broadway, Vancouver, BC, V6H 1E2 Telephone: 604.739.9788 Email: fipa@fipa.bc.ca Website: http://nsrighttoknow.chebucto.org/ Darce Fardy, President Right to Know Coalition of Nova Scotia Telephone: (902) 422-1481 Email: darce@eastlink.ca British Columbia Freedom of Information and Privacy Association - Non-profit group that seeks to empower citizens by promoting freedom of information. Broad mandate includes education, research, public assistance and law reform advocacy. Nova Scotia Right to Know Coalition of Nova Scotia - Education and advocacy group that offers individual assistance to requesters and works on law reform issues. 20 While it is not an NGO, I would strongly recommend that Canadian prisoners and prisoner advocates check out the blog Tracking the Politics of Crime and Punishment in Canada, by Justin Piché (http://tpcp-canada.blogspot.com/). Justin makes extensive use of federal and provincial ATIP mechanisms in his research, and he often posts summaries of his findings and / or copies of the records he obtains online. 8. CONTACT Mike Larsen is Co-managing Editor of the Journal of Prisoners on Prisons (www.jpp.org) Email: mlarsen@yorku.ca Mike Larsen Journal of Prisoners on Prisons c/o University of Ottawa Press 542 King Edward Avenue Ottawa, Ontario, Canada K1N 6N5 9. Blank Federal ATIP Form (Next Page) On the next page you will find a copy of a blank federal Access to Information Request Form. This form is available for download from the Treasury Board Secretariat website in .RTF and .PDF formats (http://www.tbssct.gc.ca/tbsf-fsct/350-57-eng.asp). The form is an official work that is published by the Government of Canada, reproduced here in accordance with the Government of Canada‟s non-commercial copyright policy, but not in affiliation with or the endorsement of the Government of Canada. When using this form, remember that you do not have to squeeze your request into the space provided (though I do recommend being as straightforward and concise as possible with your request wording). You can write “see attached page” in the box and append a separate page that outlines the information you are seeking. 21 commend making requests as straightforward and concise as possible). You can write „see attached page‟ in the box and append another page that outlines the information you are looking for. 22