LILLEY: Doug Ford’s FOI changes won’t impact RCMP Greenbelt investigation

· Toronto Sun

NDP Leader Marit Stiles is now making wild claims that the Ford government’s changes to the Freedom of Information system will jeopardize evidence in the RCMP investigation into the Greenbelt.

Stiles has written letters to the RCMP and Cabinet Secretary Michelle DiEmanuele, the highest-ranking public servant in Ontario, expressing her concerns.

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My advice for politicians of all stripes and at all levels is stick to reality – there is plenty to criticize there. For the opposition at Queen’s Park over Doug Ford’s nearly eight years in office, they’ve been unable to do that and always reach over the top.

“Ontario’s Official Opposition is concerned that following Royal Assent of Bill 97, the Ford government will be enabled to delete or destroy records related to the RCMP’s Greenbelt investigation,” Stiles wrote in her letter to DiEmanuele.

Stiles alleges Bill 97 will let Ford government destroy RCMP Greenbelt evidence

This is what I mean when I say that politicians should stick to reality.

The Ford government’s changes to the FOI system do not change the requirement to preserve evidence in a police investigation. The RCMP launched their investigation in October 2023, any phone or text records they need are most likely already in their possession.

As for imploring DiEmanuele to “retain all records” for the investigation, Stiles is either showing she doesn’t understand how the system works or she is purposely misleading. With a police investigation underway, DiEmanuele, experienced as she is, would have already secured any records police might need.

FOI reforms change nothing about evidence preservation in police probes

The changes the Ford government made to the FOI system change nothing on this front, but Stiles is desperate to link the changes to any perception of criminality. Just as she has been desperate to falsely claim that the public would ever see Doug Ford’s phone records, it was never going to happen even under old rules/law.

Are Ford’s changes to the FOI system good? No.

Are they out of line with how the federal government and virtually all other provinces run their system? No, in fact this brings Ontario’s law close to the federal law, and no one is predicting the death of democracy over their system in Ottawa.

The push to release Ford’s phone records via the FOI system has two origins. The first is a doctor who believes he was fired over a call he believes the Premier made and the second a request by Global News to see Ford’s phone record from November 2022 to look for evidence on the Greenbelt file.

Both attempts stem from the belief that Ford was doing something untoward, and the phone records would show that.

Except the FOI system, even under the old rules, wouldn’t release records of phone calls between say Ford and a real estate developer. The FOI system is meant to show what government officials are doing, not their interactions with private citizens.

The government has been ordered to release Ford’s phone records twice, a process that was referred to the Ontario Court of Appeal.

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Ford’s phone records would never reveal private calls with developers

Due to the way the system works though, if those records were released today, you would get a long list of government phone numbers the Premier had called and on which day but with no context. Before the phone number or text from any private citizen, like a real estate developer, could be released, the FOI department in the premier’s office would have to grant permission for their personal data to be released.

If, as Stiles likes to infer, shady developers were doing shady deals with Ford over phone and text, would they agree for their information to be made public? Absolutely not.

There is plenty to critique the Ford government on, including with these FOI changes, but spinning this into something it’s not is beneath the leader of the opposition. Stiles knows these records would not be made public; I’ve asked her about it in scrums.

Making wild and false claims while putting demands on police and senior civil servants undermines her credibility, not the government’s.

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