The government has made the Freedom of Information and Protection of Privacy Commissioner, an independent officer of the legislature, beg for funding in order to proceed with specific projects of public importance.

The Campbell government was sworn into office on June 5, 2001. Two weeks later, on June 21, 2001, Attorney General Geoff Plant fired Inquiry Commissioner Murray L. Smith. Smith's Inquiry into the Nanaimo Commonwealth Holding Society was prevented from issuing its report. The party that dined out on NCHS prevented an independent commissioner from reporting his findings. His website which contained all of the testimony before the Commission was shut down shortly thereafter. Someone made a request under the Freedom of Information and Protection of Privacy Act to the Royal B.C. Museum for a copy of the draft report. The Museum said that it was not subject to the Act. David Loukidelis, Freedom of Information and Privacy Commissioner, ruled that the Act does apply to the Museum. That ruling is now subject to judicial review with several parties including the Attorney General challenging his ruling. Thanks to cuts to his budget, Loukidelis believes that he does not have the funds necessary to continue to argue the case in court.

In appealing for $40,000 in additional funds to continue to be represented, Loukidelis quoted the Hon. Mr. Justice Paris as saying "In these proceedings so far at least there is counsel representing the public interest. Before me on this motion, Miss Ross appeared on behalf of the information and privacy commissioner. I trust and expect that will continue, and if there is any doubt in that regard, I would ask that the ministry in question be advised of my very strong desire that such counsel be present to assist the court on the hearing of the application."

Something is very wrong when an independent officer of the legislature must beg permission from a committee for additional funding in order to exercise his basic duties. His second request further illustrates how the Campbell government has reduced him to the status of lapdog.

The BCGEU has taken the government to court over its privatization of MSP. It has made the public aware that the U.S. Patriot Act may make private medical records available to U.S. government agencies without anyone in Canada ever knowing. B.C.'s Freedom of Information and Protection of Privacy Commissioner took up the issue and began looking at the impact of the U.S. Patriot Act on a variety of government initiatives that put private information in the hands of U.S. companies. Loukidelis found that he didn't have sufficient funds to complete his work so he appealed to the Finance Committee for a further $75,000. The Committee is pondering whether to approve the funding or to instruct him to work it out with other provinces and the federal government so BC doesn't have to pay the full cost. Keep in mind that the Campbell government has blown millions on health care ads, tens of millions on privatizing BC Rail and more millions on the failed Coquihalla Highway privatization. Nevertheless, when it comes to privatizing your medical records, government backbenchers don't know whether they can afford $75,000.

Victoria MLA Jeff Bray questioned Loukidelis about public interest and said "In terms of submissions from the public, would you anticipate getting many that would say that this is not of concern. We're not worried about the USA Patriot Act. I mean, I guess I'm trying to determine what you might gather in advance of actually getting the advanced legal advice on this that you would get from the public that would, in advance of that decision, provide you guidance as opposed to doing your letter of advice or other public document that then might elicit some public response." Bray is the same MLA who argued on the CFAX's Joe Easingwood show that no one has anything to worry about because the government consulted with Loukidelis, and after all it would write a contract that would somehow frustrate the US law. Could it be that the government backbencher has finally realized that his government has put the privacy of British Columbians at risk, or does he believe that an opinion survey is a substitute for a legal opinion?

What kind of independence does the Freedom of Information Commissioner have when he has to beg the Finance Committee for line item approval for specific investigations and legal opinions? The Campbell government has reduced an independent officer of the legislature to little more than a minor bureaucrat in one of many government ministries.