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From this point on all reports and investigations into P.E.I. land holdings will be made public.
That’s after a private members bill brought forward by Green Party Leader, Matt MacFarlane, passed second reading unanimously in the P.E.I. legislature, Wednesday.
The amendment to the Lands Protection Act will make all documents and reports related to Island Regulatory and Appeals Commission (IRAC) land investigations available to the public, including investigations currently underway.
MacFarlane said the aim is to rebuild trust in IRAC.
“It’s time to remove the shroud of secrecy around IRAC and that this government and the ones before it have not only allowed to happen, but have encouraged the processes to devolve to the extent that they have,” MacFarlane said.
The amendment comes after MLAs discovered a long sought-after report from the IRAC outlining the details of a 2018 investigation into the land holdings of Buddhist groups in eastern P.E.I. doesn’t actually exist.
Legislative changes that would require land investigations be made public passed unanimously in the P.E.I. Legislature, but the province’s privacy commissioner is raising concerns. CBC’s Wayne Thibodeau has more.
MacFarlane said public feedback on the bill has been positive and The Great Enlightenment Buddhist Institute Society (GEBIS), one of the Buddhist groups currently under investigation, is also in support of the amendment.
In an email sent to MacFarlane that he tabled in the legislature, a spokesperson with GEBIS said the group “supports all efforts that provide clarity through new legislation and the release of any materials related to investigations, as these measures can help strengthen trust among Islanders.”
Balance need to know with right to privacy
P.E.I.’s privacy commission is raising some concerns about the amendment.
During debate, MacFarlane discussed a letter from Privacy Commissioner, Denise Doiron, which said the right to know the details of an investigation needs to be balanced with the right to privacy.
The commissioner raised concerns particularly around supporting documents, which could contain information such as bank account numbers, a person’s political or religious beliefs or the identity of a confidential informant.
Minister of Housing, Land and Communities Cory Deagle said he supports the bill as it is, but understands there could be some concerns later on.
“Will we have to revisit this later on after we see how it works and plays out in real life, perhaps. But overall, I think it’s a good thing, and if it can help bring some level of trust back to IRAC, then I think that’s something that we can support.” Deagle said.
Boyd Allen, with the Coalition for the Protection of P.E.I. Lands, was in the legislative assembly to witness the debate. He said IRAC’s current way of undertaking investigations has to change and he sees the amendment as a good first step.
“We don’t know what their terms of reference are, we don’t know who’s conducting it, we don’t know what form this investigation is taking, we don’t know the timeline of the investigation,” Allen said.
“We are dependent on their good will to present their findings at the end of it, so if that is the current model, it needs to be changed.”
Allen said he would ultimately like oversight of the Lands Protection Act removed from IRAC and given to another agency, as well as a public inquiry into land purchases on the Island.