City of Iqaluit refuses to release raw testing data from water crisis

The City of Iqaluit is refusing to release raw water testing data from the water crisis last fall, in which hydrocarbons were found in the city's water supply, despite being asked for that data for months and  being consulted on an access to information request about it.

CBC News first started asking for the raw data back in December 2021 as part of its investigation into the crisis that left the city's 8,000 residents unable to drink tap water for nearly two months due to fuel contamination.

Although the city posts testing results on its website, those results are not the raw data.

"To provide you some clarity on the testing and interpretation of the data, samples are sent to a [Canadian Association For Laboratory Accreditation] certified lab to conduct the analysis. Then qualified experts interpret the data for the city," a City of Iqaluit spokesperson wrote in an email to CBC News on Dec. 17, 2021.

"The city will continue to provide the results from those qualified experts, as received."

CBC News continued to ask for the raw data. The city continued to refuse, instead asking for specific questions about the testing or data. CBC News did not receive a response from the city after the Dec. 17 exchange.

City agrees, then changes its mind

In the new year, CBC News again followed up with city officials on the raw data. To that end, CBC News interviewed Mayor Kenny Bell who said he had no issue with the City of Iqaluit releasing the data.

After CBC News indicated it was preparing a story on the city's refusal to release the raw data, the City of Iqaluit committed to releasing it.

"The city is willing to give you this information, however we do so with some reservation, specifically given that the highly technical level of information can create confusion or misinterpretation as data without context can be easily misinterpreted," the city spokesperson wrote in an email on Jan. 5, 2022.

"In handing this over, the city is trusting that you have a reputable and qualified expert to assist you in the interpretation of the information to ensure that anything being published is contextually accurate."

CBC News agreed regarding the need for appropriately contextualizing and evaluating the information provided, and waited for the data to be released.

It never came.

After a month and a half, CBC News followed up on the commitment. The spokesperson continued to say they were following up with city officials. A month later, they said the person "that can make that call has been on leave until yesterday."

"We're meeting today and this will be a point I will bring back up," the spokesperson said.

On March 31, once the spokesperson said they still had no update, CBC News requested an interview with someone with the City of Iqaluit on why the city was refusing the release the data.

The spokesperson then responded the city had changed its mind.

"The city has had to reconsider providing the raw data of the lab results to reporters," they wrote. "The city's legal advisor says not to provide the information. Unfortunately I'm not able to provide any additional details at this time."

The spokesperson did not respond to questions on whether the City of Iqaluit had deliberately misled CBC News on its intentions to release the raw data.

Access to information requests

CBC News also placed an access to information request with Nunavut's department of health for the raw data.

However, the government withheld the test results because the City of Iqaluit refused to authorize the disclosure.

The department of health withheld the data through a provision under the Access to Information Act which allows for the refusal of records if the disclosure would impair the relationship between the Government of Nunavut and the City of Iqaluit.

"We have consulted those reports with [the] city and received their feedback. The city has objected to the release of those records since they have provided the department those records in confidence, and advised to keep the information confidential," the department of health's access to information co-ordinator said.

"Disclosing those records could reasonably be expected to impair relations with the city. Further, those records were provided to guide the department in making recommendations to deal with the water crisis and to provide further directions to the city."

Privacy commissioner disagrees

CBC News was not the only one looking for the water testing data.

In a March 31 review report by Nunavut's Information and Privacy Commissioner, Graham Steele said someone else was also refused the records.

In his review, Steele said the government of Nunavut should not have withheld the water testing data.

"It appears that [the department of] health adopted the City of Iqaluit's objections without any independent analysis of whether those objections had merit. Health redacted everything to which the City of Iqaluit objected. That was an error," Steele wrote.

"In this case, no evidence about the impairment of the intergovernmental relationship was presented by the City of Iqaluit to [the department of] health, and health offers none to me."

Steele recommended the government of Nunavut disclose the water testing data without redaction.

Nunavut health minister John Main has one month to respond to Steele's recommendations.

The City of Iqaluit refused CBC News' request for an interview on this story.