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To shred or not to shred? Alberta watchdogs investigating shredding of documents

WATCH ABOVE: Two Alberta watchdogs have been called in over concerns important documents are being destroyed at the legislature. Tom Vernon explains.

EDMONTON — A joint-investigation is being launched after allegations were made that government documents were improperly destroyed within Alberta’s Ministry of Environment and Sustainable Resources Development.

Jill Clayton, the Information and Privacy Commissioner, and Peter Hourihan, the Public Interest Commissioner, launched the investigation on Wednesday. In recent days Clayton received letters of concern, and on Tuesday Hourihan’s office was tipped off.

“We received an anonymous complaint,” said Hourihan, saying the letter alleged there was improper disposal of records at the ESRD office. Hourihan believes it came from someone who works in the ministry.

Bags full of shredded documents could be seen lining the hallways of the Alberta legislature in the days after last week’s provincial election, in which the governing Tories were ousted from power in favour of a NDP majority.

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Last week Clayton issued a reminder to politicians and the public about the rules regarding the shredding of government records. She said it is a criminal offence, finable up to $10,000, to “wilfully destroy records to evade access requests.”

READ MORE: Alberta privacy commissioner explains rules around shredding government papers

When asked about the bags of shredded documents, Clayton said she didn’t know whether the scale of destruction is typical.

“I’m not sure Alberta has been in this situation before,” Clayton admitted, alluding to the first change in governing party in close to 44 years.

The investigation will look into which documents were destroyed, if it was done at the hands of one or more than one person, whether the documents were destroyed in order to evade a FOIP request, and if  any government employees broke the rules during the current transition of government.

Clayton said she doesn’t have the authority to order the ministry to stop shredding documents, but the ministry is aware of the investigation.

“We’ve pointed out again, that there are offences for wilfully destroying records in order to evade access requests,” she said. Both Commissioners have the authority to compel the production of documents, if required.

The investigation may be expanded to include other government departments, if necessary.

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“The goal of the investigation, from our office’s perspective, is ensuring that Alberta’s public service maintains the highest possible standards of honesty, openness and accountability,” said Hourihan.

“We also want to demonstrate to employees that Alberta’s safe disclosure process works.”

The allegations have not been proven. Hourihan said the legitimacy of the complaint will be looked into.

“There are penalties for someone if they do have an axe to grind, if that comes out. They can’t do that. Does that mean people won’t? No.”

“The potential is always there. That’s something that we watch and guard against as we go through the investigation, and certainly will do so,” he said.

With files from The Canadian Press

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