Monday, June 08, 2009

Secrecy undermines faith in professionals (NB)

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Secrecy undermines faith in professionals

Published Monday June 8th, 2009

Last year, Brunswick News Inc. went to court to defend the public's right to information about professional disciplinary hearings. A judge agreed with our challenge, and gave the provincial government and the Law Society of New Brunswick until June 30 to introduce new legislation.

Professionals and politicians heeded the ruling, and the result is two new bills - one which brings greater transparency to hearings against lawyers, and another which will open up hearings held by the College of Physicians and Surgeons.

New Brunswick was the last jurisdiction in Canada where competence and disciplinary hearings could be held in secret. Other provinces long ago devised measures to ensure public access, while protecting any details that must remain confidential to protect the privacy of complainants.

That said, we wish legislators had placed greater emphasis on the public's right to know.

The legislation provides numerous loopholes for lawyers and doctors to exclude the public and implement publication bans. Such discretionary secrecy undermines faith in the ability of professional bodies to police their members.

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