Changes coming to New Brunswick's right to information law

New Brunswick's Liberal government will introduce changes to the right to information law this fall, just as the head of one Crown corporation questions the value of the current legislation.

Brian Harriman, the president and CEO of NB Liquor, has described the current law as a "financial burden."

• NB Liquor threatens to sue information commissioner over report
• NB Liquor lawsuit may undermine confidence in accessing information
• Anne Bertrand pushes back on proposed RTI reforms

"When you have people in departments who are solely focused on answering [right to information] requests, in light of the fact we have many other financial challenges in the province, I'd question if that's a good use of money," Harriman said.

The Crown corporation was recently blasted by the province's access to information commissioner for considering itself "above the law" in handling a CBC News right to information request.

NB Liquor has threatened legal action against commissioner Anne Bertrand for her report on that request, accusing her of acting in bad faith and making "defamatory comments" to embarrass NB Liquor.

'Is it really worth all this effort?'

A Liberal cabinet minister has also questioned the value of the current right to information laws.

Last year, Victor Boudreau suggested the money used to answer right to information requests could be better spent on front-line services.

"There's cost involved in putting this together and sometimes you wonder, is it really worth all this effort?" Boudreau said.

A 2015 report on the province's right to information legislation raised the possibility of re-introducing fees for requests and recommending better training for staff who respond to requests.

Those recommendations will be going through the cabinet process "very soon," Premier Brian Gallant told reporters on Wednesday in Caraquet.

"I would assume and assure everyone that we'll follow the process that is deemed appropriate through the act to make sure the review is done in a timely fashion," the premier said.

Tax critic defends public's right to know

One critic of government spending sees value in using taxpayers' money to answer right to information requests.

Kevin Lacey, Atlantic director of the Canadian Taxpayers' Federation, said it will save taxpayers money in the long run to know how government spends their money.

"We cannot critique government spending unless we have full access to know why it is government makes the decision that it does," he said.

All governments should be moving toward more proactive disclosure of information about how money is spent, he added, from government contracts to expense reports for all employees.

"The public deserves a right to know how public officials are spending their money," Lacey said.

Commissioner also hires lawyer

According to Harriman, NB Liquor has already spent at least $6,000 on lawyers' fees in fighting access to information commissioner Anne Bertrand.

He said the money may be worth it if it forces change in how the right to information law is used.

On Wednesday, Bertrand's office said it has also retained legal counsel.

Bertrand hasn't commented publicly on the lawsuit threat, but is expected to issue a statement this week.

The threat of a lawsuit could be harmful even if NB Liquor doesn't follow through, according to Hilary Young, an associate professor in the University of New Brunswick's faculty of law and an expert in defamation.

"It may serve as a deterrence to others who want to speak out on matters of public interest," she said.

The Crown corporation would need to prove Bertrand acted in bad faith and had an improper purpose when she issued her report. It's not enough to use "harsh language."

Young said that threshold could be difficult for NB Liquor to meet.

"Based on the facts I've heard so far, it seems like they might have a bit of an uphill battle on that," she said.