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.

Photograph of Two Girls by R. F. Uren, Photographer, St. Catharines [n.d.]

Two unidentified girls are featured in this black and white cabinet card style photograph by R. F. Uren, of St. Catharines. The photograph is not dated, however, the address of the photographer is printed at the bottom of the cabinet card. This photograph was in the possession of Iris Sloman Bell, of St. Catharines, Ontario. The Sloman - Bell family descendants include former African American slaves who settled in Canada.Richard Frank (R.F.) Uren was a photographer in St. Catharines from 1886-1895. Source: Phillips, Glen C. The Ontario photographers list (1851-1900). Sarnia: Iron Gate Publishing Co., 1990. "Cabinet card photographs were first introduced in 1866. They were initially employed for landscapes rather than portraitures. Cabinet cards replaced Carte de visite photographs as the popular mode of photography. Cabinet cards became the standard for photographic portraits in 1870. Cabinet cards experienced their peak in popularity in the 1880's. Cabinet cards were still being produced in the United States until the early 1900's and continued to be produced in Europe even longer. The best way to describe a cabinet card is that it is a thin photograph that is mounted on a card that measures 4 1/4″ by 6 1/2″. Cabinet cards frequently have artistic logos and information on the bottom or the reverse of the card which advertised the photographer or the photography studio's services." Source: http://cabinetcardgallery.wordpress.com/category/cabinet-card-history/

Photograph of Mary Bell by F. Pfaff, Photographer, Erie, Pa. [n.d.]

A cabinet card believed to be of Mary Bell, photographed by F. Pfaff, Artistic Photographer, of Erie, Pennsylvania. A handwritten entry on the reverse of the photo lists the address "231 Duke St.", however, the company's logo identifies its address as 1011 State St., Ground Floor Gallery. This photograph was in the possession of Iris Sloman Bell, of St. Catharines, Ontario. The Sloman - Bell family includes relatives who are former Black slaves from the United States."Cabinet card photographs were first introduced in 1866. They were initially employed for landscapes rather than portraitures. Cabinet cards replaced Carte de visite photographs as the popular mode of photography. Cabinet cards became the standard for photographic portraits in 1870. Cabinet cards experienced their peak in popularity in the 1880's. Cabinet cards were still being produced in the United States until the early 1900's and continued to be produced in Europe even longer. The best way to describe a cabinet card is that it is a thin photograph that is mounted on a card that measures 4 1/4″ by 6 1/2″. Cabinet cards frequently have artistic logos and information on the bottom or the reverse of the card which advertised the photographer or the photography studio's services. " Source: http://cabinetcardgallery.wordpress.com/category/cabinet-card-history/

Two Black Gentlemen Photographed by John Cooper, London/St. Thomas, Ont. [n.d.]

An undated cabinet card of two Black men photographed by John Cooper, who operated as a photographer in London, Ont. and St. Thomas, Ont. from 1857 - 1890. The reverse of the photograph features the photographer's stamp in coloured ink. This photograph was in the possession of Iris Sloman Bell, of St. Catharines. The Sloman - Bell family have relatives who include former Black slaves from the United States. John Cooper is listed as a photographer and daguerrean artist in 1857 - 1890 in London, Ont. and in 1874 in St. Thomas, Ont. Source: Phillips, Glen C. The Ontario photographers list (1851-1900). Sarnia: Iron Gate Publishing Co., 1990. "Cabinet card photographs were first introduced in 1866. They were initially employed for landscapes rather than portraitures. Cabinet cards replaced Carte de visite photographs as the popular mode of photography. Cabinet cards became the standard for photographic portraits in 1870. Cabinet cards experienced their peak in popularity in the 1880's. Cabinet cards were still being produced in the United States until the early 1900's and continued to be produced in Europe even longer. The best way to describe a cabinet card is that it is a thin photograph that is mounted on a card that measures 4 1/4″ by 6 1/2″. Cabinet cards frequently have artistic logos and information on the bottom or the reverse of the card which advertised the photographer or the photography studio's services." Source: http://cabinetcardgallery.wordpress.com/category/cabinet-card-history/

Cabinet Card of African Canadian by Photographer W. J. Rea, of Windsor [n.d.]

An unidentified African Canadian man is featured in this cabinet card by W. J. Rea, photographer, of Windsor, Ontario. The man appears to be in official dress, possibly of a religious or legal nature. This cabinet card bears the stamp of the photographer, W. J. Rea, in black ink along the bottom of the card and on the reverse. While it is undated, it is likely from the 1870s or 1880s. This cabinet card was in the possession of Iris Sloman Bell, of St. Catharines, Ontario. The Sloman - Bell family descendants include African American slaves from the United States who settled in Canada."Cabinet card photographs were first introduced in 1866. They were initially employed for landscapes rather than portraitures. Cabinet cards replaced Carte de visite photographs as the popular mode of photography. Cabinet cards became the standard for photographic portraits in 1870. Cabinet cards experienced their peak in popularity in the 1880's. Cabinet cards were still being produced in the United States until the early 1900's and continued to be produced in Europe even longer. The best way to describe a cabinet card is that it is a thin photograph that is mounted on a card that measures 4 1/4″ by 6 1/2″. Cabinet cards frequently have artistic logos and information on the bottom or the reverse of the card which advertised the photographer or the photography studio's services." Source: http://cabinetcardgallery.wordpress.com/category/cabinet-card-history/

Cabinet Card of Young Woman Photographed by N. C. Shorey, of Toronto [n.d.]

An unidentified African Canadian young woman is the subject of this cabinet card portrait photograph by N. C. Shorey, of Toronto, Ontario. The photo is undated but believed to be taken in the late 1890s. The photographer's stamp, with his name and address, appears in the gold lettering at the bottom of the card. The young woman in the photograph could possibly be a relative of the Sloman - Bell family, who resided in the London and St. Catharines areas. This cabinet card was in the possession of Iris Sloman Bell, of St. Catharines, Ontario. The Sloman - Bell family relatives are descended from former Black slaves from the United States.N. C. Shorey is listed as a photographer in Toronto, Ont. from 1892 - 1900. Source: Phillips, Glen C. The Ontario photographers list (1851-1900). Sarnia: Iron Gate Publishing Co., 1990. "Cabinet card photographs were first introduced in 1866. They were initially employed for landscapes rather than portraitures. Cabinet cards replaced Carte de visite photographs as the popular mode of photography. Cabinet cards became the standard for photographic portraits in 1870. Cabinet cards experienced their peak in popularity in the 1880's. Cabinet cards were still being produced in the United States until the early 1900's and continued to be produced in Europe even longer. The best way to describe a cabinet card is that it is a thin photograph that is mounted on a card that measures 4 1/4″ by 6 1/2″. Cabinet cards frequently have artistic logos and information on the bottom or the reverse of the card which advertised the photographer or the photography studio's services." Source: http://cabinetcardgallery.wordpress.com/category/cabinet-card-history/

Cabinet Card of Young African Canadian by The Dominion Photo Studio, Toronto [n.d.]

This unidentified African Canadian man is photographed at the Dominion Photo Studio, located at 388 Queen St. West in Toronto. The photographer's name is not known. No date is provided, however, the Dominion Studio is listed as operating from 1893-1894. The reverse of the card displays the Dominion Photo Studio stamp in gold lettering (image also attached). The gentleman in this cabinet card is possibly a relative of the Sloman - Bell family, who settled in the London and St. Catharines areas of Ontario. This cabinet card was among the family memorabilia in the possession of Iris Sloman Bell, of St. Catharines. Relatives of the Sloman - Bell family include former African American slaves who came to Canada.The Dominion Portait Co. is listed as operating from 1893-1894 in Toronto. There is an additional listing for the Dominion Portrait Co. (Gourlay and Clark props.) for 1894. Source: Phillips, Glen C. The Ontario photographers list (1851-1900). Sarnia: Iron Gate Publishing Co., 1990. "Cabinet card photographs were first introduced in 1866. They were initially employed for landscapes rather than portraitures. Cabinet cards replaced Carte de visite photographs as the popular mode of photography. Cabinet cards became the standard for photographic portraits in 1870. Cabinet cards experienced their peak in popularity in the 1880's. Cabinet cards were still being produced in the United States until the early 1900's and continued to be produced in Europe even longer. The best way to describe a cabinet card is that it is a thin photograph that is mounted on a card that measures 4 1/4″ by 6 1/2″. Cabinet cards frequently have artistic logos and information on the bottom or the reverse of the card which advertised the photographer or the photography studio's services." Source: http://cabinetcardgallery.wordpress.com/category/cabinet-card-history/

Rev. Henry Wilkinson

A photograph of Rev. Henry Wilkinson, d. August 14, 1862 (58 years). This photograph is part of a large memorial Album of Carte des Visites belonging to George H. Cornish.

Memorial Album Photographs (two pages)

Two pages from the Memorial Album of Carte des Visites belonging to George H. Cornish. The names and locations from top left: Wilson R. Bradley Esq., Newcastle (died July 16th 1874 aged 46 years); Mrs. Bradley, Newcastle; Father Rinch? aged 74, 1871, Newcastle (died May 6th 1879 aged 82 years); Mr & Mrs Bradley & Dr. & Mrs. Aylesworth, Newcastle; Mrs. Drawbridge, Syracuse; Mr. Joseph D. Drawbridge, Syracuse; Mrs. Charles W. Walker (died May 3, 1873); Una Althea Drawbridge, 2 years, 1843, Syracuse.