It is remarkable how many people, even our elected representatives, are unaware that the Ontario universities are exempt from Freedom of Information legislation and therefore are completely unaccountable and beyond public scrutiny.

Peterborough MPP Jeff Leal (Liberal), a previous City of Peterborough councilor and a Trent alumnus, did not know about the universities' FOI exemption and, like most of us, was unpleasantly surprised to learn of it. MPP Leal requested details and was sent a number of documents found here at the OurTrent website including the editorial "Let Public In" and " Legal Battle Shapes up at University ".

In response to receipt of the information package Mr. Leal wrote to Mary Anne Chambers, Minister of Training, Colleges and Universities with the first letter in the flow of correspondence listed below [1]. (Interestingly enough, shortly after writing Minister Chambers, MPP Leal was appointed Parliamentary Assistant to the Minister of Training, Colleges and Universities.)

In her response [2] Minister Chambers reiterated the government's commitment to openness and transparency and passed the matter on to Gerry Phillips, the Chair of Management Board of Cabinet and the Minister responsible for provincial legislation covering freedom of information and protection of privacy.

Minister Phillips responded [3] reiterating the government's commitment to transparency. Importantly, Minister Phillips committed to undertake a review of bringing the universities under FOI legislation. Minister Phillips said;

The Government is committed to transparency and will continue to examine options for enhancing transparency in the Ontario Public Service and public institutions in the Province. The Minister of Training, Colleges and Universities and I are actively considering possibilities for further action to ensure transparency. This includes a review of coverage of universities under Ontario's freedom of information and protection of privacy legislation. We will consider all relevant factors, such as other provinces' experiences and possible impacts on the universities.

Similarly, Peterborough MP Peter Adams was unaware of the universities' exemption from FOI and in response to receipt of the same information package wrote the federal Minister of Justice and Attorney General Irwin Cotler [4].

Our recommendations to the Rae Postsecondary Review were sent to Minister Chambers on September 27, 2004. In her response dated November 16, 2004 [5] Minister Chambers agreed that Ontario universities should be subject to Freedom of Information legislation (emphasis added);

With respect to your first recommendation that the Freedom of Information and Protection of Privacy Act apply to postsecondary institutions, as outlined in my letter to you of September 22, 2004, I will continue to work closely on this issue with my colleague Gerry Phillips, the Minister responsible for provincial legislation covering freedom of information and protection of privacy. As you know, our government is committed to the principles of openness and transparency. I believe there should be freedom of information in our universities.

Correspondence:

• [1] Peterborough MPP Jeff Leal to Mary Anne Chambers, Minister of Training, Colleges and Universities (July 27, 2004)
• [2] Minister Chambers to Mr. Brown, copy to Gerry Phillips, Chair of Management Board Secretariat (September 22, 2004)
• [3] Minister Phillips to Mr. Brown (October 21, 2004)
• [4] Peterborough MP Peter Adams to Irwin Cotler, Minister of Justice & Attorney General (October 21, 2004)
• [5] Minister Chambers to Mr. Brown (November 16, 2004)