Accountability vital - TheChronicleHerald.ca

Accountability vital

 
 

By DARCE FARDY

Thu. Dec 20 - 6:38 AM

The Right to Know Coalition of Nova Scotia is pleased with the Nova Scotia Supreme Court's recent decision that the coalition has a legitimate role in a legal action concerning the South West Shore Regional Development Authority (SWSDA).

The case was brought to court by an individual whose application for records from the SWSDA was turned down. While rejecting the application, the authority expressed its view that it is not subject to the Nova Scotia Freedom of Information and Protection of Privacy Act (FOIPOP). It was on this matter that the coalition asked the court for permission to intervene. SWSDA opposed our application to the court. The applicant had no objections.

SWSDA argued that the coalition had no "direct interest" in the proceeding and its intervention would delay the appeal. Justice A. David MacAdam, in allowing our appeal, said the coalition will bring the perspective of a body "directly interested in the public interest issues it raises." He described our coalition as "an organization which is genuinely interested in the issues" raised by the applicant's appeal.

The court decision recognizes the significance of freedom of information legislation, and the coalition's advocacy role in the application of FOIPOP to agencies that deal with public resources.

The coalition was represented by Brian Awad, who told the court the question of whether freedom of information laws apply to SWSDA is important because of the significance of economic development to the future of Nova Scotia, the key role the regional development authorities have assumed or been given in this regard, and the increasing frequency with which public projects or undertakings involve "quasi-public bodies or public/private partnerships."

This is the argument the coalition will carry forward when the court hears the case. The court's ruling, in our view, will have far-reaching consequences for the Nova Scotia Freedom of Information and Protection of Privacy Act.

Beyond the courts, it is time for the legislature to have another look at the wording of the FOIPOP Act with a view to ensuring that any agency of government or a municipality that spends taxpayers' money must be accountable to the taxpayer.

The Right to Know Coalition is an advocacy group established in 2006 to encourage the use and development of freedom of information legislation in order to foster a better informed and more politically active electorate in Nova Scotia, and to improve the quality of public and private decision-making through advocacy and education. We believe that a lack of openness and accountability by "public bodies" contributes significantly to public apathy and alarmingly low voter turnouts.

Darce Fardy is president, Right to Know Coalition of Nova Scotia.

 
 

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