In the N.W.T. government, discussions on transparency are held behind closed doors

N.W.T. MLAs are talking about increasing government transparency but, in the tradition of the legislature, those discussions are being held behind closed doors.

Premier Bob McLeod promised a more open government in a speech in the legislature shortly after last fall's election, when courting the votes of other MLAs to become premier.

"We must achieve better, more effective and transparent decisions for the people of the Northwest Territories," said McLeod. "People expect more of that from us and less politics."

Almost nine months later, the government is considering how to select a consultant to help it develop a new open government policy.

The person McLeod appointed to champion the move says the new policy will have three parts. 

"There's open data, open information and public engagement," said Louis Sebert, the first ever minister responsible for public engagement and transparency. "We're in the process of hiring a consultant to help us with the public engagement."

Sebert expects that to begin in six months to a year. 

A report on the public consultation will be prepared and handed off to a committee for review before it comes before MLAs in the legislature. A new policy could be in place within the next year or two, Sebert said. 

Transparency remains the exception

Though MLAs have the authority to open government in any way at any time, transparency remains the exception rather than the rule for the N.W.T. government.

All so-called "caucus" meetings remain closed. (The word "caucus" typically means all members of a political party; in the N.W.T. it means the entire legislature.) Meetings of standing committees and cabinet are, by default, closed to the public.

"I'm prepared to accept that we should generally be more open," said Sebert, referring to closed "caucus" meetings.

"Perhaps in the future the default option will be to be open. But I think there are things that need to be discussed in camera so we can have an open and frank discussion, which may be more inhibited in a more open type of arrangement."

At least one department — Environment and Natural Resources — now requires members of the public to file access to information requests to obtain any reports, reviews or other documents that have not been officially released by the government.

The standing committee on rules and procedures has been discussing rule changes that would open more meetings. Again, those discussions have been held behind closed doors and committee members are sworn to secrecy. The committee plans to release a report on those discussions during the next sitting of the legislature.

There have also been caucus discussions on establishing an ombudsman's office to handle public complaints, Sebert said — something MLAs called for in the last assembly and again last February, when MLAs were debating the government's mandate. At the end of that discussion, all regular members voted in favour of an ombudsmen's office and all cabinet ministers voted against it.

Sebert said he expects to introduce a draft bill in early in 2017 to establish an ombudsman's office.

Public interest test

With no political parties, the N.W.T.'s consensus style of government is more like municipal government than provincial and federal party-style political systems. But Sebert says the territorial government may not get to the level of openness it requires of towns, villages, hamlets and the City of Yellowknife.

"I was formerly in municipal government. I am aware that the vast majority of meetings certainly are open. There may be reasons that we cannot reach that level of openness and transparency, but I think we definitely will be more open and transparent by the end of this government."

Karl Salgo, an expert on public governance, says there are issues — such as ongoing legal matters or contract negotiations — that are properly discussed behind closed doors. But Salgo says that should be the exception, rather than the rule.

"My own view is there should be a public interest test for keeping things confidential," said Salgo, the executive director of public governance for the Institute on Governance. The Ottawa-based non-profit is devoted to researching and advancing the move to better governance.

Salgo says the rules that apply to access to information and protection of privacy could also be used to determine what matters are discussed confidentially.

"I would argue what applies to documents and that kind of information applies comparably to meetings," said Salgo. "As far as I know, no freedom of information legislation says we also protect everything that would be embarrassing or awkward for government. That's not a standard."

Salgo says the government could take an approach to the release of information that's the opposite of that adopted by the Department of Environment and Natural Resources.

"I think what one could have is a situation which instead of forcing a (access to information) request, you could have default disclosure of everything that doesn't require the protection of these public interest rules or guidelines."