Alberta Premier Danielle Smith's government has been awarded the 2025 Code of Silence Award for Outstanding Achievement in Government Secrecy by the Canadian Association of Journalists. The award follows a nearly two-year investigation that found the province violated its own freedom of information laws.
Investigation findings
The investigation, triggered by requests for reviews of access-to-information refusals including several by The Globe and Mail's Secret Canada project, examined 27 public bodies. In May 2025, provincial commissioner Diane McLeod reported non-compliance by the Government of Alberta, including requiring applicants to limit topics in an access request to one, splitting multi-topic requests, restricting the search time frame to 12 months, and structuring requests to be completed within 30 days.
Recommendations and new legislation
McLeod recommended the province cease non-compliant actions and establish policies to ensure public bodies meet their duties under freedom of information rules. She noted that while Alberta planned to replace its Freedom of Information and Protection of Privacy Act (FOIP), the recommendations would apply to new legislation with similar provisions.
Alberta replaced FOIP with the Access to Information Act (ATIA), effective June 2025, and the Protection of Privacy Act, effective December 2025. Critics argue ATIA further limits disclosure and complicates the access process.
Criticism of new exemptions
The new law exempts communications between political staff and ministers from disclosure. Phil Tunley, director at Canadian Journalists for Free Expression (CJFE), said, 'The new exemption for communications between ministers and their political staff drives a gaping hole through the heart of public access legislation in Alberta. No public officials are more important to the voting public than ministers, and no communications throw more light on their policy choices than those with political staff. This is just a blanket smother-up!'
Additionally, ATIA extends the response timeline from 30 calendar days to 30 business days and requires applicants to first complain to the public body before appealing directly to the Office of the Information and Privacy Commissioner.
