Ontario IPC hosts access and privacy authorities from across Canada

Looking back, I have had the great privilege of attending at least 11 annual meetings of federal, provincial and territorial (FPT) information and privacy commissioners and ombuds, in as many different jurisdictions across this beautiful country. Every one of these meetings is seared in my memory for myriad reasons, including the pan-Canadian import of the topics we discussed and the joint resolutions we adopted that still have relevance to this day. I think back on the collaborative relationships we forged over the years, the gracious hospitality of our hosts, and all that we learned about the local culture of the places we visited.

This year, it was my immense honour to host this year’s annual FPT meeting in Toronto. It was an invaluable opportunity to discuss privacy and access issues that matter to all Canadians and advance our cross-jurisdictional cooperation in ways you’ll hear more about in the coming weeks.

We kicked things off with a tour of the City of Toronto archives where we stood in awe amongst hundreds of thousands of boxes of records that encapsulate our city’s heritage. We learned about the professional and passionate work of city archivists who meticulously organize and restore historical records that tell stories of decades past. A true labour of love.   

We then headed over to visit the Legislative Assembly of Ontario at Queen’s Park where the Honourable Edith Dumont, Lieutenant Governor of Ontario, graciously hosted a regal reception in our honour. She offered an opening address in both English and French, that would help set the stage for the next two days. What a fitting way to welcome colleagues from across the country to our beautiful province!

Our first day of meetings began with welcome remarks of Ogimaa-Kwe (Chief) Claire Sault of the Mississaugas of the Credit First Nation. She relayed valuable teachings passed on by her elders and highlighted the importance of establishing trusting relationships and meaningful dialogue with First Nations communities. 

This was followed by a presentation on the novel ways that artificial intelligence (AI) can modernize government services, including freedom of information (FOI) processes. Representatives from the Ministry of the Environment, Conservation and Parks shared some examples from the ministry’s recent initiatives to improve government services related to access to information. This was an excellent example of a government institution that heeded the FPT’s call to action in its joint resolution of last year on facilitating Canadians’ access to government records to help restore trust in our institutions.

We also heard from a distinguished panel featuring Paul Daly, Chair in Administrative Law and Governance at the University of Ottawa, Yan Campagnolo, Vice-Dean of the French Common Law Program at the University of Ottawa, and Vincent Kazmierski, Associate Professor at Carleton University. They sparked a lively discussion about the cabinet confidence exception/exemption to the right of access in Canada and the evolving standard of judicial review of administrative decision-making in light of recent legal developments.   

The emerging field of neurotechnology and its implications for privacy and data protection was also a key topic for discussion. Dr. Jennifer Chandler, Professor of Law at the University of Ottawa, delivered a presentation that addressed the ethical and legal challenges posed by advancements in neurotechnology and its application in various sectors including health, employment, and criminal law. Dr. Chandler canvassed several jurisdictions around the world that are beginning to recognize a new right to mental privacy and cognitive liberty.

Day two of our annual meeting started out with a presentation by Dr. Jonathan Dewar, Chief Executive Officer of the First Nations Information Governance Centre, who spoke about First Nations’ perspectives on data sovereignty and community privacy. He reminded us of the importance of First Nations’ principles of ownership, control, access, and possession (OCAP) and urged us to integrate these principles into our work. He also called on FPT commissioners and ombuds across the country to proactively engage and work alongside local governance bodies of relevant First Nations communities. 

The FPT group was then joined by a panel of teens and young adults from the IPC’s Youth Advisory Council (YAC) to hear directly from them the unique challenges they experience when it comes to protecting their privacy rights online. Jane Bailey, Professor at the University of Ottawa, moderated the panel with a series of insightful questions. YAC members emphasized the importance of public education policies, programs and curriculum to empower young people by providing them with the knowledge and tools they need to navigate the digital world safely. I was so proud of our YAC members and how incredibly knowledgeable, sophisticated, and articulate they’ve become in discussing these complex issues. 

Also, during day two, commissioners and ombuds heard progress reports from a number of FPT working groups on health, digital identity, data standards, and legal developments. We discussed recent developments and anticipated changes to access and privacy laws across Canada, resulting in a comprehensive overview of the evolving legal landscape. This exercise provided an insightful understanding of general trends and opportunities for legislative modernization. 

All in all, the annual meeting covered a well-balanced array of issues — both privacy and access-related, practical and conceptual, historical and future-oriented — and all from different cultural and age perspectives. There will be much more to reveal in the days and weeks to come, so please stay tuned!

In the meantime, I leave FPT 2024 with a few personal reflections of my own:

• How confident I feel in our ability to carry out our respective mandates, fortified by an FPT community that is stronger and more united than ever.  
• How truly honoured I was to showcase to our colleagues the very best that Ontario and Toronto have to offer. 
• How humbled I was to hear First Nations perspectives on how our work fits into the broader historical context of our country, and be reminded of our collective responsibility towards reconciliation. 
• How energized and optimistic I feel about the capacity of the next generation and their potential to navigate, shape, and lead our digital future.
• And last, but not least, how incredibly grateful I am to the IPC staff who demonstrated the utmost professionalism, dedication, collegiality, warmth, and hospitality in welcoming our colleagues from across the country. Thank you, to all of you, for organizing such a highly productive, smoothly run, and pleasant FPT 2024. You did us proud! 

— Patricia