The Ontario Municipal Freedom of Information and Protection of Individual Privacy Act: an analysis of its application to school boards

In Canada freedom of information must be viewed in the context of governing -- how do you deal with an abundance of information while balancing a diversity of competing interests? How can you ensure people are informed enough to participate in crucial decision-making, yet willing enough to let some administrative matters be dealt with in camera without their involvement in every detail. In an age when taxpayers' coalition groups are on the rise, and the government is encouraging the establishment of Parent Council groups for schools, the issues and challenges presented by access to information and protection of privacy legislation are real ones. The province of Ontario's decision to extend freedom of information legislation to local governments does not ensure, or equate to, full public disclosure of all facts or necessarily guarantee complete public comprehension of an issue. The mere fact that local governments, like school boards, decide to collect, assemble or record some information and not to collect other information implies that a prior decision was made by "someone" on what was important to record or keep. That in itself means that not all the facts are going to be disclosed, regardless of the presence of legislation. The resulting lack of information can lead to public mistrust and lack of confidence in those who govern. This is completely contrary to the spirit of the legislation which was to provide interested members of the community with facts so that values like political accountability and trust could be ensured and meaningful criticism and input obtained on matters affecting the whole community. This thesis first reviews the historical reasons for adopting freedom of information legislation, reasons which are rooted in our parliamentary system of government. However, the same reasoning for enacting such legislation cannot be applied carte blanche to the municipal level of government in Ontario, or - ii - more specifially to the programs, policies or operations of a school board. The purpose of this thesis is to examine whether the Municipal Freedom of Information and Protection of Privacy Act, 1989 (MFIPPA) was a neccessary step to ensure greater openness from school boards. Based on a review of the Orders made by the Office of the Information and Privacy Commissioner/Ontario, it also assesses how successfully freedom of information legislation has been implemented at the municipal level of government. The Orders provide an opportunity to review what problems school boards have encountered, and what guidance the Commissioner has offered. Reference is made to a value framework as an administrative tool in critically analyzing the suitability of MFIPPA to school boards. The conclusion is drawn that MFIPPA appears to have inhibited rather than facilitated openness in local government. This may be attributed to several factors inclusive of the general uncertainty, confusion and discretion in interpreting various provisions and exemptions in the Act. Some of the uncertainty is due to the fact that an insufficient number of school board staff are familiar with the Act. The complexity of the Act and its legalistic procedures have over-formalized the processes of exchanging information. In addition there appears to be a concern among municipal officials that granting any access to information may be violating personal privacy rights of others. These concerns translate into indecision and extreme caution in responding to inquiries. The result is delay in responding to information requests and lack of uniformity in the responses given. However, the mandatory review of the legislation does afford an opportunity to address some of these problems and to make this complex Act more suitable for application to school boards. In order for the Act to function more efficiently and effectively legislative changes must be made to MFIPPA. It is important that the recommendations for improving the Act be adopted before the government extends this legislation to any other public entities.

Dr. A. Leon Hatzan letters,1926, 1932-1940, n.d.

Alexander Leon Hatzan (1864-1941), a native of Belgium, was a self-described medical doctor, missionary, academic and some time herbalist. In 1918 he moved to Niagara Falls, first living on Clifton Avenue (now Zimmerman Ave.), later moving to the River Road home he shared with his wife Ada Beatrice Rolston (1882-1975). He was the author of three books and at least four known music scores. He was heavily involved in the promotion of his books and his music. The correspondence is chiefly in reply to gifts of books and/or music sent by Hatzan to the recipients or in reply to requests for speaking engagements. Hatzan died on October 7, 1941 while visiting Vancouver, BC.

John W. Fisher Fonds, 1937-1961, 1964-1989, 1993, n.d.

Norah and Fred Fisher welcomed John Fisher into the world on November 29, 1912, not knowing what an influential role he would play in shaping Canada's history. John Fisher grew up as the middle child of five brothers and sisters in Frosty Hollow, New Brunswick, close to today’s town of Sackville. Sackville’s main industry was the Enterprise Foundry which the Fisher family owned and operated; however, Fisher had no plans of going into the family business. He was more inspired by his maternal grandfather, Dr. Cecil Wiggins, who lived with the family after retiring from the Anglican ministry. Wiggins encouraged all his grandchildren to be well read and to take part in discussions on current events. There were often visitors in the Fisher household taking part in discussions about politics, religion, and daily life. Fisher forced himself to take part in these conversations to help overcome his shyness in social settings. These conversations did help with his shyness and also in forming many opinions and observations about Canada. It put Fisher on the road to becoming Mr. Canada and delivering the many eloquent speeches for which he was known. Fisher did not venture far from home to complete his first degree. In 1934 he graduated from Mount Allison University in Sackville, NB with an Arts degree. The same year Fisher enrolled in Dalhousie’s law school. During his time at Dalhousie, Fisher discovered radio through Hugh Mills. Mills or “Uncle Mel” was on CHNS, Halifax’s only radio station at the time. Fisher began by making appearences on the radio drama show. By 1941 he had begun writing and broadcasting his own works and joined the staff as an announcer and continuity writer. In 1936 the Canadian Broadcasting Corporation was formed, the first National radio station. Fisher joined the CBC shortly after it’s beginning and remained with them, as well as the Halifax Herald newspaper, even after his law school graduation in 1937. By 1943 Fisher’s talks became a part of the CBC’s programming for a group of maritime radio stations. Fisher once described his talks as follows “my talks weren’t meant to be objective. . . they were meant to be favourable. They were ‘pride builders’” He began his famed John Fisher Reports at CBC Toronto when he transfered there shortly after the war. This program brought emmence pride to the fellow Canadians he spoke about leading to approximately 3500 requests per year to speak at banquets and meeting throughout Canada and the United States. Fisher was a well travelled indivdual who would draw on personal experiences to connect with his audience. His stories were told in simple, straight forward language for anyone to enjoy. He became a smooth, dynamic and passionate speaker who sold Canada to Canadians. He became a renowned journalist, folk historian, writer and broadcaster. Fisher was able to reach a vast array of people through his radio work and build Canadian pride, but he did not stop there. Other ways Fisher has contributed to Canada and the Canadian people include: Honoured by five Canadian Universities. 1956, became the Director of the Canadian Tourist Association. 1961, was appointed Special Assistant to the Prime Minister of Canada. 1963, Commissioner of the Centennial Commission (the Federal Agency Responsible for Canada’s 100th birthday) 1968, received the Service Medal , a coveted Order of Canada. President of John Fisher Enterprises Ltd., private consultant work, specializing in Centennial planning, broadcasts, lectures and promotion. John Fisher continued recording radio broadcasts even after his diagnosis with cancer. He would record 3 or 4 at a time so he was free to travel across Canada, the U.S., Europe and Mexico in search of treatments. Fisher passed away from the disease on February 15, 1981 and he is buried at Mount Pleasant Cemetery in Toronto.

Independent Chronicle Vol. XLIV No. 3,273- August 24, 1812

A semi-weekly paper that was published from 1801 to 1817. It was previously called the Independent chronicle and the universal advertiser, and was later the Independent chronicle and Boston patriot (Semiweekly). Publishers were Abijah Adams and Ebenezer Rhoades. Topics of interest in this issue include: Page 1: notice from the U.S. War Department seeking proposals for the supply of rations to troops; essay in support of the war; U.S. Secretary of War requests that the Governor of Maryland order 350 militia into active service; statement from the Convention of Republican Delegates in New Jersey in support of the war; statement from U.S. President James Madison in support of the war; statement from Maj. Gen. Isaac Brock to residents of Upper Canada urging their support in the war; U.S. Secretary of war sends 1,500 reinforcement troops to Detroit; Page 2: account from U.S. Gen. Hull of a battle near Fort Malden and news of troops in other areas; editorial against the British alliance with the Indians; letter from a U.S. Officer describing military gains near Detroit; news of U.S. infantry marching from Forts Independence and Warren to Albany, N.Y.; Page 3: news of British cargo ships captured by U.S. ships; 2 reward notices for the return of deserters from the military; report of possible 60 day armistice ratified by James Madison; Page 4: notice to British subjects living in Massachusetts that they must report themselves to the marshall; 2 reward notices for return of deserters from the military;

Summons for Court Upper Canada - 1841

A summons "in the court of Requests - Upper Canada" Niagara District Division for a debt of three pounds, one shillings and six pence. Summons to appear before the Court of Requests, Robert Osborn vs. John Shadwick, signed by Walter Sumner, clerk of the court, 1841.

Letter - Dominion Alliance to Mr. Harry Cowan

A letter from the president of the Dominion Alliance for the Suppression of the Liquor Traffic, Joseph Gibson. The letter is dated November 18th, 1910 and requests "subscription". The request is to add to the campaign fund and the "new fight...voting upon the question of bar-room abolition". The voting is stated to take place in "January next" for about one hundred municipalities in Ontario.

Letter - Donald Ziraldo to Jacques Marie, 1988

A letter from the chairman of the VQA, Donald Ziraldo, to Jacques Marie, a professor at George Brown College. The letter is dated 9 December 1988 and requests Marie as a Board Member for the newly formed VQA. The first meeting is scheduled for 19 December, 1988.

The Cool Climate, Oenology and Viticulture Institute at Brock University

A program from Brock University which includes an overview of the plan for CCOVI, a list of the courses for each year of the undergraduate program, notes from the advisory committee, budget information, industry funding requests, and a five year financial chart for spending. The program includes photographs of individuals involved with CCOVI, including two photographs featuring Donald Ziraldo. A direct quote from Mr. Ziraldo is also included: "Education and research will build on each other when they come together in the Institute. The 'cool climate' focus will be unique and attract people world-wide".

We need to have a conversation about OpenURL, a close look at a corpus of error reports from the 2013 academic year. Or, How I learned to stop worrying and give up on clean metadata.

Presented at Access 2014, winner of poster contest.

Letter - E.C. Schmon to Arthur A. Schmon, 14 June 1918

Eleanore Celeste has been to visit Arthur Schmon's parents. His father has not been feeling well and takes a week vacation per month. His mother worries because the checks Arthur sends do not come when they should. Eleanore Celeste requests that Arthur write to Washington to have it straightened out. She also mentions her family and who they are visiting over the next week. This letter is labelled number 114.

Letter - Ian Green to Sean O'Sullivan, July 1977

A correspondence between Ian Green and Sean O'Sullivan from July 1977. The first letter is from 4 July 1977 from Sean O'Sullivan, titled "The Nation's Business". He requests a discussion about "Caucus morale". O'Sullivan requests that Joe Clark individually acknowledge members of the party and say "a few words about how proud he is of the men and women who form the P.C. Caucus, and how well they represent the country--moreover, how well they are prepared to help form the next Government." A response from Ian Green (Legislative Assistant) is positive and he forwards the memo to Jodi White, Director of Communications.

Correspondence - Sean O'Sullivan with Robert L. Stanfield, 1974

A correspondence between Robert L. Stanfield and Sean O'Sullivan regarding the future of the St. Lawrence Seaway and the Great Lakes. In the first letter, Mr. Stanfield requests to hear about O'Sullivan's progress. The second letter is from O'Sullivan with an update of his assignment. The third letter is from Mr. Stanfield thanking O'Sullivan for his work thus far and acknowledging the difficulties of such a project.

Letter to Mr. Lee from Samuel D. Woodruff

Letter to Mr. Lee from Samuel D. Woodruff which states that in July the affidavits were sent for the purpose of getting the patent for Lot no.30, Concession 2 in Enniskillen. Mr. Woodruff requests a receipt of that information and he would like to know about the progress on the patent. The left hand of the letter is completely burned away although most of the text is still intact, Feb. 21, 1848.

Letter from George S. Papps to Sheriff Woodruff

Letter bearing the letterhead “George S. Papps, Barrister-at-Law, Hamilton”. The letter is written to Sherriff Woodruff. Mr. Papps requests that Sheriff Woodruff return a will which has remained in his possession, to the rightful owner, Nov. 24, 1875.

Letter to Mr. C. Howard from Mrs. Tolan

Letter (3 typed pages) to Mr. C. Howard of the Dominion Bank of Toronto from Mrs. Tolan of the Lundy’s Lane Historical Society. She encloses 2 articles entitled “Origins of Niagara Falls, Ontario” and “Captain Creighton and Clifton” Samuel Zimmerman is named in the first article. Mrs. Tolan requests that Mr. Band is also allowed to read the articles, April 25, 1948.