Dispatch

Everyone knows the access-to-information system is broken. Matt Malone wants to fix it.

Dispatch

By Ken Rubin

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November 6, 2026

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Columnist Ken Rubin spoke with author and lawyer Matt Malone about his new book examining Canada’s access-to-information regime and related legislation.

Open Governments, Secret Canada: Hiding Information Other Countries Share is published by James Lorimer & Company Ltd.

What got you to write this book on the state of access to information in Canada?

I first used the access-to-information system to gather some records for a project on trade secret law in Canada. That got me interested in the system itself. I took a detour to work on the Open by Default database. That work branched off into various research projects to try and wrap my head around the system, ending in my writing this book.

Is this the first comprehensive book on this subject, and why did it take over four decades for someone to tackle this subject?

There are some phenomenal books out there about access to information, such as Alasdair Roberts’ Blacked Out. But they are few and far between. I think it is because we don’t really fund transparency studies in Canada. The information commissioner doesn’t have a mandate to support research, nor do federal granting.

It just isn’t a popular or respected field in Canadian academia.

When did you get the idea that the best way to approach this was to get out of Canada to go to other countries and places?

Everyone knows the access-to-information system is broken. But identifying all the ways the system doesn’t work often leads to pessimism or cynicism. I wanted to enrich the conversation with a discussion about concrete ways we could address some problems. Comparative methodologies are promising because you can often see in action what works and what doesn’t.

Why did you take a broader approach to transparency and accountability beyond just the Access to Information Act?

Equating our thinking of transparency and accountability with the Access to Information Act is a mistake. Many statutes channel transparency and accountability. 

As for the Access Act, the law is an outdated and limited mechanism. Far too often, it has been used to roll back transparency and accountability we once had.

To offer just one example, when the law was enacted in 1983, the exact salary of the governor of the Bank of Canada was well known; it was normally available and public information. Today, that exact same information is not public.

Did the countries you visited have a clue on Canada’s open government situation?

More than a few did. It always amused me when someone in Wellington or Helsinki would start discussing Canada’s transparency frameworks. One thing I found striking about several European countries is that their ombudsmen offices had international sections. Their explicit purpose was to monitor and develop partnerships with other countries. 

What approaches to open government in other countries did you find most appealing?

Many of the organizations that work effectively in the countries I visited have real independence. In Canada, we are reluctant to empower watchdogs in the same way. We generally appoint tame, reluctant, risk-averse watchdogs with strong limitations on their funding. At best, we might get someone who is willing to have a final hurrah at the end of their career. But that is rare. Most watchdog appointments have become an award for civil servants who do not rock the boat. Or they are end-of-career treats for friends of the party in power. When is the last time we appointed a young person with lots of energy and new ideas to a watchdog role?

Why call Canada ‘secretive’ and near the bottom of the heap when it comes to open government?

Canada isn’t at the bottom by any means. But the book is optimistic about how we can do better, so I chose countries that rank above us. No ranking system is perfect, of course, and some are hard to take seriously.

What changes do you think are needed to make Canada transparent and accountable?

I believe there is a lot of promise in proactive disclosure, adopting new technologies in the delivery of the system, and providing more independent oversight and review. On a substantive level, we also desperately need to apply the act to the highest centres of power, like the staffers who work in ministers’ offices.

What did you leave out? Would you want to add? Done differently?

I wrote a little bit about the work throughout the 1970s and 1980s when the access law was being debated in committee in the House of Commons.

That was a very important period, led by [then-MPs] Barry Mather and then Ged Baldwin, but also featuring many figures like Francis Fox, Svend Robinson, Perrin Beatty, and professors such as Donald Rowat and Maxwell Cohen, as well as activists, including yourself.

It struck me how much of the law we have today is frozen in time from those discussions. Many provisions that generate so much frustration today—like the 20-year freeze on cabinet confidences—were chosen almost at whim, too. I wanted to write more about those debates, but worried it would render the work too historical.”

What is your next book, having now authored three books?

I am looking into writing about an episode in Canadian 20th-century history of betrayal, bribery, and corruption at the highest echelons of power where several relevant records that were previously restricted have recently opened. It is a great story but for now to tease the reader’s curiosity, yes, I am keeping the subject a secret.

Ken Rubin writes on transparency matters, and is reachable via kenrubin.ca.

This Q&A first appeared in The Hill Times. Reprinted with permission.

Watchdog upholds right to access public records

A Saskatchewan ruling has affirmed a principle journalists rely on: People don’t have to justify why they want public records.

The University of Saskatchewan had asked the province’s information commissioner to dismiss a purchasing-records request as frivolous because the applicant planned to use the information commercially.

Saskatchewan Information and Privacy Commissioner Grace Hession David refused, ruling that a commercial motive alone does not make an access request improper.

Why this matters: If a public body could reject a request because it judged the requester’s purpose insufficiently valuable, journalists, researchers and other members of the public could face a narrower path to public records.

The university was directed to continue processing the request.


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