Ford government’s unilateral changes to FOI laws will have damaging impacts on the right to know of Ontarians

Canadian Journalists for Free Expression (CJFE) and the Canadian Association of Journalists (CAJ) are deeply concerned by the Ontario government’s recent passage of Bill 97, which contains sweeping amendments to the province’s freedom of information laws that will significantly weaken the public’s right to know. 

“Framing this change as a ‘modernization’ of Ontario’s freedom of information laws is a masterclass in Orwellian doublespeak,” said Brent Jolly, president of the CAJ. “It is a bald-faced effort to shield politicians from public scrutiny and to keep Ontarians in the dark about how the provincial government conducts its business.” 

Bill 97 is a wide-ranging omnibus measure that also includes changes affecting conservation authorities, ticket resale rules, tax measures, retail holiday operations, and housing-related rebates. It was passed by the Ford government late last week without being reviewed by parliamentary committees or subjected to public consultation.

The new law shields the Premiere’s Office as well as cabinet ministers and parliamentary assistants from public access to documents, including phone records and emails, and it applies retroactively, nullifying prior orders or decisions requiring disclosure.

“This type of secrecy is extraordinary and deeply troubling in a democratic society,” said CJFE co-president Michelle Shephard. “It has had an immediate impact on FOI requests. Notices have already gone out, citing the legislative change, to deny inquiries.”

Freedom of information laws exist so journalists and the public can examine how decisions are made, how public money is spent, and whether elected officials are acting in the public interest. Weakening those laws weakens democratic accountability itself and erodes trust in public institutions.

CJFE and CAJ are reviewing options to challenge the legality of the Ontario government’s actions. 

“Government records created in the public interest belong to the public,” said Jolly. “In one fell swoop, the Ford government has not only disregarded the legislative process but has also systematically dismantled processes, developed over many years, that will have sweeping impacts on the foundations of democratic accountability in Ontario for generations to come.”