Long-gun registry: Information watchdog accuses RCMP of destroying records
Canada's information commissioner is accusing the RCMP of illegally destroying records related to the long-gun registry, and is taking the government to Federal Court over the matter.
Suzanne Legault accuses the Mounties of destroying registry records after she told them to preserve the data while she investigated a complaint from a requester who asked for the information.
Legault says the request was made in early 2012, before a law was enacted to destroy the long-gun registry records, and that the RCMP was obligated to preserve the records.
The commissioner wrote to Justice Minister Peter MacKay in March, asking for an investigation into alleged illegal destruction of government records, a criminal offence set out in the Access to Information Act.
MacKay has not responded, but last week the government introduced amendments to the law that would retroactively protect long-gun registry records from access requests, back to 2011. It would also protect the RCMP and other government officials from any lawsuits or prosecutions.
'Loophole' in the law, Harper says
Prime Minister Stephen Harper said Thursday Legault's investigation merely found a "loophole" in the law, and that the government will close it soon.
"An argument has been made that there are elements in the information act, the Access to Information Act, that contradict something in that other piece of legislation. At best that is a loophole," he said at an event in Windsor, Ont.
"I'm not sure there really is a contradiction, but to be perfectly clear, the government is clarifying the information act to make sure it is in full conformity with Parliament's already expressed wishes on the long-gun registry that the RCMP has executed as they were required to do according to the law."
The RCMP also rebuffed Legault's accusations, saying it did nothing wrong.
"The RCMP disputes the OIC's (Office of the Information Commissioner's) view that it denied a right of access under the Access to Information Act by destroying records that were responsive to the request," Sgt. Harold Pfleiderer said in a statement.
"The RCMP would vigorously defend against any accusation of unlawful conduct in respect of the handling of this Access to Information request."
Long-gun registry records were largely destroyed by Oct. 31, 2012, with the exception of Quebec records, which were destroyed on April 12 this year after that province lost a long court battle with Ottawa.
Leagault also wrote to Public Safety Minister Steven Blaney in March, recommending he order the RCMP to deliver more records to the requestor. In a response, Blaney declined to do so, saying the Mounties believe that they have responded fully to the request.
Blaney also said the RCMP have preserved some long-gun registry records, as Legault had asked them to do, while the investigation continues. Those records, however, are not available to any police force or to any firearms officers.
Legault said Thursday she is taking the government to Federal Court over the matter, though she does not have the power to lay criminal charges and can only ask a judge to review Blaney's decisions.
