By: Murray Brewster, The Canadian Press Posted: 23/09/2010 5:12 PM | Comments: 2 | Last Modified: 23/09/2010 9:20 PM VVi 24 Sep 2010 db
OTTAWA - Canada's privacy commissioner is toothless when dealing with the kind of character assassination levelled at an outspoken critic of Veterans Affairs, says an expert in privacy law. "She has no way to enforce recommendations or no way to impose a monetary penalty or a fine of some sort," said retired colonel Michel Drapeau, whose law practice has been built around access to information and privacy cases. "It's very limited in what she can do." The Conservative government says it will await the results of an investigation by country's privacy watchdog, who is looking into the case of former military intelligence officer Sean Bruyea. Sensitive personal information, including quotes from Bruyea's psychiatrist, ended up in a briefing note to a former Conservative minister and were apparently widely circulated within Veterans Affairs. But Drapeau says commissioner Jennifer Stoddard can go only so far without order powers. "All she will be able to do is to investigate the complaint," he said in an interview with The Canadian Press. "If the complaint is well founded, which is pretty obvious when you look at the documents themselves, she will issue recommendations, not direction to the institution of Veterans Affairs and (perhaps) against individuals themselves." NDP Leader Jack Layton said Thursday relying on the privacy commissioner is a weak response. "Mr. Harper's excuses in the House of Commons yesterday don't cut it," Layton told his MPs at a special caucus meeting. "Mr. Harper, you've got to take action and take action now against those responsible and make sure that it stops." Veterans Affairs Minister Jean-Pierre Blackburn said he spoke with Stoddard on Thursday afternoon and was assured his officials were co-operating with the investigation. "I'm very eager to receive her report because it's important to me to see if there are specific aspects that we can implement to protect the privacy of our veterans," Blackburn said in an interview. He said he would have to see the recommendations before deciding how to proceed. The federal government has a mixed record in heeding the privacy commissioner's advice.
A request to interview Stoddard was turned down Thursday, but a spokeswoman said that in past cases the commissioner has found federal departments willing to co-operate. "Generally, we do find that our recommendations are accepted and implemented by federal departments and agencies and that personal information is better protected as a result," Valerie Lawton said in an email. In exceptional circumstances, the commissioner has the authority to seek a Federal Court order to demand a department or agency comply with recommendations, but the grounds are very limited. Lawton said the commissioner has asked the government for broader powers. "We've asked the federal government to amend the Privacy Act to broaden the grounds for which an application for court review," she said. The only way to effect change will be for the opposition parties to force the issue before a House of Commons committee, said Drapeau. "Questions need to be asked in the House or in the House of Commons committee on privacy and access to find out why this happened to hold people accountable before the Canadian public," he said. "Because you have to ask the question yourself: If this happened to this gentleman, can it happen to anybody else? The answer has to be yes." New Democrats have already called for a Commons committee investigation, but it's unclear where the Liberals stand. Some of Bruyea's allegations of harassment by veteran's bureaucrats date back to 2005 under Paul Martin's government. Liberals were forceful in their initial response earlier in the week, but backed off Thursday after Prime Minister Stephen Harper pointed out the practice of passing around sensitive information didn't start with his government. Longtime veterans' advocate and Ontario Liberal MP Dan McTeague said the behind-the-scene smears against Bruyea can't go unanswered, no matter who was in power. "Regardless of which government it happened under, it's wrong," he said Thursday. "Parliament is going to have to come to grips with it and recognize that individuals who have just and legitimate complaints against institutions ought not to be subject to baiting, innuendo or intrigue."