PCs, NDP form rare partnership to question appointment process of N.L.'s new privacy commissioner

In a rare partnership, Newfoundland and Labrador's opposition leaders are banding together to question the provincial government's lack of transparency as it appoints a new privacy commissioner. 

The Office of the Information and Privacy Commissioner operates at an arm's-length from the House of Assembly.

The commissioner oversees the Access to Information and Protection of Privacy Act and the Personal Health Information Act. They also conduct reviews, investigate complaints and report on confidentiality under the Acts, hold governments accountable and keep the public informed of their findings. 

But with one candidate on the roster eligible to take over from Michael Harvey — who resigned in April to take the same post in British Columbia — opposition parties began asking questions.

"I don't believe a roster of one is a roster," PC Leader Tony Wakeham told reporters on Tuesday.

According to Wakeham, five people were interviewed for the job. He said opposition parties did not receive information on how the candidates performed. 

"It was simply one name that was brought forward," he said.

Wakeham and NDP Leader Jim Dinn say they want to ensure the province makes the right choice.

"We want to make sure that whoever's chosen for this is indeed going to be every bit as much of a bulldog, I guess, and take accountability and transparency seriously," Dinn said.

Kerry Hatfield was the sole candidate chosen for the privacy commissioner's appointment. A motion to appoint Hatfield is likely to move forward in the House of Assembly this week.

Wakeham and Dinn said their issue is not with the candidate but with the process. They aren't confident Hatfield is the right choice. 

"It comes down to being able to show us the work of how did you arrive at this decision," Dinn said.

Missed opportunity

Premier Andrew Furey and Health Minister John Hogan — who is also government house leader — are not involved in selecting the next privacy commissioner. On Tuesday, they told reporters that opposition parties had an opportunity to meet with the selection committee.

Furey said Wakeham and Dinn never showed up. 

"They could have stood there in front of him and questioned his independence. I guarantee you they wouldn't because he is an independent person with the utmost integrity," he said. 

Hogan also clarified that there can be one-person rosters. Legislation, he said, requires all candidates to be qualified.

"You wouldn't put three people on it if two people were unqualified," Hogan said. 

Furey said it's equivalent to the opposition questioning the independence of the selection committee — which includes the province's chief justice.

"Are they questioning the independence of the chief justice of the provincial court? I ask you to ask them that. This is someone who is appointed to govern the laws of our land," he said.

"If we can't trust, and I do trust his full independence, then we have a bigger problem."

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