Facilicorp criticized for 'unreal' redactions to public memo

There are new questions about how the provincial government releases documents to the public after two different public organizations handled the same document in two different ways.

The September 2014 briefing note by FacilicorpNB was mostly blacked out when it was released this week to Égalité santé en français, a lobby group.

But there were fewer sections blacked out when the Department of Health released the same document to CBC News in January.

"I don’t understand why if you ask one question to one department, you get one answer, and if you ask the question to Facilicorp, you get another answer," says Jacques Verge, the secretary for Égalité santé en français.

"It’s unreal."

Verge requested the document last month and received it Tuesday. He shared it with CBC News and was surprised to learn his version had more information blacked out than the CBC’s.

"I think there’s no transparency at Facilicorp," he says.

FacilicorpNB is a provincial agency that provides back-office services to the health care system. The release of the briefing note to CBC News prompted a story about how the consolidation of hospital laundry services in several hospitals was not saving as much money as planned.

The descriptions of problems and disappointing results from the consolidation are among the sections blacked out in the more heavily redacted version of the briefing note released to Verge. "I don’t understand why everything’s covered up in mine," he says.

CBC News has asked FacilicorpNB to explain its rationale for the redactions.

Another RTI controversy

The inconsistent handling of the briefing note comes to light as the provincial government is grappling with a high-profile controversy over the handling of Right to Information Act requests.

A recent review of the handling of guest lists at the province’s Larry’s Gulch fishing lodge found that a Department of Tourism employee went looking for a pretext to not release information about a NB Liquor trip to the lodge.

If we have a right to the information, we should get the information.- Jacques Verge, Égalité santé en français

Brunswick News Inc. has reported that two of its editors, who no longer work at the company, asked a political staffer in the Alward government to conceal the fact an editor was part of the trip.

Verge, of Égalité santé en français, requested the September 2014 Facilicorp briefing note to find out whether the laundry consolidation was a decision of Facilicorp, the health authorities or the provincial government.

He says the less-redacted version of the document provided to CBC News doesn’t add much information on that point, but he says he’s still struck by how much more information it contains compared to the one he received.

In its response to Verge, Facilicorp said it blacked out the information under sections of the law exempting advice "for the public body or a Minister of the Crown" and "plans relating to the management of personnel or the administration of the public body that have not yet been implemented."

The Department of Health cited the latter exemption as well when it released the briefing note to CBC News, but blacked out much less material despite the exemption.

Act may be interpreted differently

In a written statement, FacilicorpNB says government bodies deal with Right to Information requests independently "and the Act may be interpreted slightly differently by different departments."

Spokesperson Kevin Roussel said the exemptions are "not as broad" for the Health Department as they are for FacilicorpNB because the document belonged to Facilicorp and touched on proposals they had not implemented.

The province says it will look at the handling of the FacilicorpNB document as part of its broad review of the Right to Information and Protection of Personal Privacy Act.

"We welcome all feedback and we will review this example brought forward by CBC to see how government can ensure information released by government and by its Crown corporations, agencies, boards and commissions is treated in a consistent manner," spokesperson Leah Fitzgerald said in an emailed statement.

Plans to file complaint

Verge says he plans to file a complaint with Anne Bertrand, the province’s information commissioner, about how the law has been applied inconsistently.

He also plans to make a submission to the government’s review of the legislation itself.

He says the onus on keeping information secret should be shifted.

"Every document should be public except those exempted by Ms. Bertrand," he says.

"If we have a right to the information, we should get the information, and not be obliged to file a document, and then a complaint. It takes too long for the public."

CBC News requested documents about laundry consolidation on Nov. 25, 2014, and the Department of Health provided them on Jan. 14, 2015. Verge requested the briefing note and other documents on Feb. 5 and received the briefing note on Tuesday.

When it redacted the briefing note it released to Verge, FacilicorpNB was aware a less-redacted version had been released to CBC News because its letter to Verge referred to the CBC report on the document.

Briefing note received by CBC News

Briefing note received by Égalité santé en français