Advanced Education, Employment and Labour refusing access to Trade Union Act and Labour Standards Act records; 7th denial since May 2008

“Integrity and accountability will be at the forefront of our dealings as a government, and in your work as a Minister of the Crown.”
– Premier Brad Wall’s mandate letter to the Hon. Rob Norris, Minister of Advanced Education, Employment and Labour, November 7, 2007

“Saskatchewan people expect their government to be open, honest and accountable. A Saskatchewan Party Government will provide Saskatchewan people with more transparency and accountability than any previous government…”
– Saskatchewan Party 2007 Election Platform

The above words appear to mean little to the Saskatchewan Party government. For the seventh time since May 2008 the Ministry of Advanced Education, Employment and Labour (AEEL) has denied access to records under The Freedom of Information and Protection of Privacy Act in their entirety.

An access to information request dated Jan. 22, 2009, was submitted to AEEL for “copies of any reviews or analyses that have been conducted by or for the Government of Saskatchewan since Nov.1, 2008 of The Trade Union Act and The Labour Standards Act; and also copies of any briefing notes and memorandums from May 1, 2008 to Jan. 22, 2009 regarding The Trade Union Act and The Labour Standards Act.”

According to the Feb. 23 letter signed by AEEL associate deputy minister Mike Carr (a Saskatchewan Party supporter and contributor) access to the records requested was denied pursuant to the following sections of the Act:

Section 16 – Cabinet documents;
Section 17 – Advice from officials (a discretionary exemption); and,
Section 22 – Solicitor-client privilege (a discretionary exemption).

Norris’s ministry appears to have violated the Act by failing to apply section 8 to the application. This part of the legislation is mandatory and requires: “Where a record contains information to which an applicant is refused access, the head shall give access to as much of the record as can reasonably be severed without disclosing the information to which the applicant is refused access.” AEEL neglected to do this.

This latest refusal continues a disturbing trend of blanket denials for access to any records related to provincial labour legislation. The Wall government obviously has some secrets to keep.

Below is a list of the other six access to information requests that have been denied:

– Jan. 20, 2009: Access denied to any briefing notes and memorandums, including any attachments, from Feb. 1, 2008 to Nov. 30, 2008 regarding the essential services legislation.

– Jan. 20, 2009: Access denied to any memorandums, including any attachments from Nov. 7, 2007 to Dec. 31, 2007 regarding or relating to essential services legislation.

– Jan. 20, 2009: Access denied to any briefing notes, letters and memorandums, including attachments, from Oct. 1, 2008 to Dec. 23, 2008 regarding or relating to the minimum wage regulations and the amendment to allow workers age 15 and older to obtain employment in hotels, restaurants, educational institutions, hospitals and nursing homes.

– Jan. 19, 2009: Access denied to any reviews or analyses that have been conducted by or for the Government of Saskatchewan since May 1, 2008 of The Trade Union Act and The Labour Standards Act.

– May 22, 2008: Access denied to the daily appointment and meeting schedules for Minister Rob Norris and Deputy Minister Wynne Young from Dec. 1, 2008 to Mar. 14, 2008.

– May 13, 2008: Access was denied to the contract and any correspondence between the Government of Saskatchewan and management lawyer Kevin Wilson from Nov. 8, 2007 to Feb. 29, 2008. Wilson was hired to provide advice on the government’s essential services legislation.

In addition to these is a Dec. 17, 2008, request to the Ministry of Justice and Attorney General for “copies of the first, second and third drafts of the essential services legislation, including attachments; and also copies of any briefing notes and memorandums, including attachments, from Nov. 7, 2007, to Dec. 31, 2007, inclusive, regarding the essential services legislation.”

The ministry subsequently refused to disclose the draft legislation and released only a handful of memorandum cover pages. Aside from providing a bit of a timeline these records hold little value. The ministry’s Jan. 15 letter cites the following sections of the Act as the reason for denial to certain records:

Section 17 – Advice from officials (a discretionary exemption); and,
Section 22 – Solicitor-client privilege (a discretionary exemption).

The ministry’s decision has been appealed to the Saskatchewan Information and Privacy Commissioner in Regina.