FIREARMS FACTS UPDATE

INFORMATION COMMISSIONER SLAMS

JUSTICE DEPARTMENT RECORD KEEPING ON

GUN REGISTRY POLLING CONTRACT

JULY 3, 2002: BREITKREUZ'S ACCESS TO INFORMATION ACT REQUEST

 Please provide copies of all correspondence between the department and the company and copies of all reports provided by the Public Policy Forum of Ottawa to officials in the department with respect to Professional Services Contract No. 4500026528 – Start Date: October 10, 2001 and End Date: December 31, 2002.

 JULY 24, 2002: INCOMPLETE JUSTICE DEPT. RESPONSE – FILE: A-2002-0093

AUGUST 7, 2002: COMPLAINT FILED WITH INFORMATION COMMISSIONER

Please find attached a copy of our original request dated July 3, 2002 and the department’s reply dated July 24, 2002.  You will note that the department only provided a copy of the contract with Public Policy Forum and no reports or correspondence as we requested.  The correspondence and reports requested are a requirement of the contract as stipulated in the Statement of Work.  

 The Statement of Work specifically states: “Monitor the process for conducting the two national surveys (one in the fall of 2001 and the other in the fall of 2002).”  It also requires the company to “Present assessment findings (including development plans for each survey) to the CEO of the Canadian Firearms Centre.”  The contract also stipulates that the $24,610.00 fee will be paid as a “Progressive Payment” and that they are to be paid half after the “first phase” in March 2002 and the balance “upon completion” on December 31, 2002.

 To believe the department that the company produced no reports or correspondence would mean that this contractor got paid for nothing.  I guess it wouldn’t be the first time but I guess it will take one of your investigators to get to find out what really happened.

JULY 2, 2004: RESULTS OF INFORMATION COMMISSIONER’S INVESTIGATION

,

I write to report the results of our investigation of your complaint, made under the Access to Information Act (the Act), against Justice Canada (Jus).  You asked for copies of all correspondence between the department and the Public Policy Forum (PPF), and copies of all reports provided by PPF to officials in the department with respect to contract #4500026528.

On July 24, 2002, Jus disclosed some information and severed portions under subsection 19(1) of the Act.  You were also advised that, since the contract was note yet completed, other documents might be produced later.  On August 7, [2002] you complained that the response did not include any of the requested reports or correspondence.

First, let me say that, although the contract was not yet completed at the time you made your request, to this day there has been no written report produced by PPF to Jus under this contract. [emphasis added]  As for correspondence, our investigation determined that only one e-mail exchanged between PPF and Jus, and one invoice, still exist.  They were disclosed to you on March 15, 2004.

Jus claimed that no written report was produced because PPF was hired to review the methodology and final estimates used by GPC International Research in conducting two national surveys to determine the number of Canadian firearm owners.  However, the contract also stipulates that PPF was to report the findings to the Chief Executive Officer of the Canadian Firearms Centre, then reporting to Jus.  In this regard, we interviewed officials and consultants to understand how the reporting had been done.  It was demonstrated that meetings took place and documents were exchanged between PPF and GPC.  The Department of Justice has not received or required PPF or GPC to provide it with copies of these documents. [emphasis added]

May I say that I found the record-keeping practices, associated with the administration by Justice Canada of the contract at issue, to be unprofessional and inadequate for purposes of accountability, prudent management and facilitation of access rights. [emphasis added] I will inform the department of my views in this regard.