Canada access to information law changes spark legal concerns

Lawyers and advocacy groups specializing in immigration and environmental law are expressing concern over proposed changes to Canada’s access to information laws. The government, under Mark Carney, is considering amendments that would restrict access to documents deemed ‘ephemeral,’ a category that could include email exchanges.

Andrew Koltun, an immigration lawyer and member of the Canadian Association of Immigration Lawyers, argues that excluding such documents contradicts the purpose of the law. He notes that understanding how decisions are reached requires reviewing discussions and emails, rather than just final outcomes.

The Centre québécois du droit de l'environnement (CQDE) also opposes the exclusion of ephemeral documents, warning it could grant broad latitude to restrict information. Additionally, legal experts are concerned about proposals to extend processing times for information requests based on an institution’s budget or staffing levels, arguing that the effectiveness of this quasi-constitutional right should not depend on administrative choices.