FOI Results Could Be A Disapppointment - T-C February 8, 2019

To The Editor, The Times Colonist

Re: “Reform storm gathers steam,” column, Feb. 6.

Les Leyne’s column on extending freedom of information to the legislature made me smile. Anyone who has ever taken out an FOI request for a government body to provide what should be publicly available information is advised not to hold their breath while it is being prepared. When it does finally arrive (after a very long wait) 99 per cent could be redacted.

In a case where citizens in our neighbourhood tried to get some straightforward information from B.C. Housing, there was one little gem that wasn’t redacted in the FOI results we received. It involved a consultant telling B.C. Housing how to circumvent the FOI rules.

Simple: The client should not address anything to B.C. Housing. Instead, address it to a third party and mark it “confidential — contains proprietary information,” so it’s third-party confidential and thus secret.
Don’t think because you’d like to see what’s going on in our provincial government you can find out through FOI. You can’t, and when your large package of almost blank pages arrive, you will feel as Speaker Darryl Plecas described: You’ll want to vomit.

B.G. Judson
Oak Bay

Read the original letter to the Times Colonist online here.

Page 300 from BC Housing FOI 30-0518

Page 300 from BC Housing FOI 30-0518

Most pages in response to our FOI requests look like this:

P 302 from BC Housing FOI 30-0518

P 302 from BC Housing FOI 30-0518

What's the big secret? What are they hiding?

On Tuesday, January 8th 2019, the following email was sent to the Minister of Citizens’ Services, Honourable Jinny Sims.
It outlines the way Chris Corps, consultant to the OBUC Development Committee, has circumvented the provisions of the Freedom of Information (FOI) Act. It raises questions like:
Who is Chris Corps to decide what is in the public’s interest?
Why didn’t Mr. McNaughton, strongly and unequivocally, refuse to buy into this collusion to thwart the FOI rules? (Maybe he did but the FOI responses do not show that).
Is the FOI legislation little more than window dressing?
Read on….

Dear Minister
 In addition to sending the email at the bottom of this message (see our email here) to the Ministry of Municipal Affairs and Housing, we thought that you, as Minister of Citizens’ Services, would be interested in the highlighted paragraphs.

Of particular concern is the exchange that follows.

Background: Instead of the Oak Bay United Church (OBUC) applying for development funding from BC Housing, the OBUC used a consulting firm that provided information that was NOT addressed to BC Housing to obtain a $500,000+ forgivable loan (forgiven if project doesn’t proceed). When local residents tried to get more details of this secretive project, we received an FOI response that was so heavily redacted it was virtually useless.

From FOI request #30-0518, part 2 page 300

From: Chris Corps <email via Pivotall>
Sent: November 23, 2017 3:34 PM
To: Malcolm McNaughton
Subject: RE: Oak Bay United Church Neighbourhood Consultations

Explanation: I'm sure you'll rephrase as you think will suit.

The church has not been providing any materials partly for privacy reasons but mostly, because they are highly respectful of Oak Bay's public process, which will determine the project, its appearance, sizes, etc. Releasing draft work - which in any event looked at a wide range of options - could be contrary is not to the public's interest as it provides no firm conclusion and multiple options were considered, not just one.

we ran through the spreadsheet model with you and the model itself was not provided. You can thus honestly say that you don't have a copy, because you don't. We ran thru it with you fairly extensively and also, separately with Kirsten testing numbers, to allow you to look at and test multiple scenarios, but it wasn't actually provided.

It might help to note that I was careful that the "business case" documents were not in fact addressed to BC Housing, but were confidential documents addressed to OBUC Board and which included proprietary information. The first document (provided to Shayne) was a draft. I think I'm right in saying that the only formal application documents submitted to you are a one page formal request for PDF funding from the Chair of the Project Devt Committee, plus a spreadsheet budget. You had sight of other OBUC documents, and to the model so you could satisfy yourself as to the project options and potential, but the documents are OBUC documents and are marked confidential and contain proprietary information. I'm sure your FOI colleagues can comment on the appropriateness of releasing third party confidential and proprietary documents?

Hope that helps, but if more needed then by all means call. Seeing Kirsten tomorrow.

Kindest
Chris Corps
Pivotal IRM Inc.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
<phone number available Pivotal>

Should not BC Housing have insisted on a “"business case" … addressed to BC Housing“ instead of playing privacy games with developers?

We do not accept that “Releasing draft work - which in any event looked at a wide range of options - could be contrary is not to the public's interest (sic) as it provides no firm conclusion and multiple options were considered, not just one” as we would have liked to have seen the multiple options.

Concerned Citizens Network
ccn-ob@shaw.ca
Oak Bay

FOI raises fears - OBN July 27, 2018

Click on the article to read an online version of this letter: