Canada in the World: Towards Canadian-Led Open Government

View PDF Version External Link

AUTHORS & ACKNOWLEDGEMENTS

PRINCIPAL AUTHOR: Suthee Sangiambut

CONTRIBUTING AUTHORS (IN ALPHABETICAL ORDER): Jean-Noé Landry Michael Lenczner Nicholas Salter

We would like to thank our interview respondents for their input:Ana Brandusescu (Web Foundation), David Eaves (Harvard Kennedy School), André Laperrière (Global Open Data for Nutrition and Agriculture GODAN), Tracey Lauriault (Carleton University), Panthea Lee (Reboot), Don Lenihan (Canada2020), Lindsey Marchessault (Open Contracting Partnership) James McKinney (Open Contracting Partnership), Toby Mendel (Centre for Law & Democracy), Claire Schouten (International Budget Partnership), Richard Stirling (Oxford Insights), Alisha Todd (ParlAmericas), Claire Woodside (Publish What You Pay-Canada).This is a joint project between OpenNorth and Powered by Data.

GLOSSARY OF TERMS

  • EITI: Extractive Industries Transparency Initiative
  • GAC: Global Affairs Canada
  • GODAN: Global Open Data for Agriculture and Nutrition
  • IATI: International Aid Transparency Initiative
  • IDRC: International Development Research Centre
  • IODC: International Open Data Conference
  • IT: Information Technology
  • OCDS: Open Contracting Data Standard
  • OCP: Open Contracting Partnership
  • OD4D: Open Data for Development
  • ODC: Open Data Charter (also known as the International Open Data Charter)
  • OGP: Open Government Partnership
  • SSHRC: Social Sciences and Humanities Research Council (Canada)
  • TBS: Treasury Board of Canada Secretariat
  • UK: United Kingdom
  • UN: United Nations
  • US/USA: United States of America

EXECUTIVE SUMMARY

Canada was recently selected to the Open Government Partnership (OGP) Steering Committee, accruing the top number of points during the nomination process. This international recognition of Canada’s open government accomplishments comes as no surprise. Operationalized under the Treasury Board of Canada Secretariat (TBS), open government has flourished in Canada over the past six years. Canada has received substantial recognition for its efforts to scale its open data delivery at all levels of government. Despite these successes, Canada still faces the challenges of spreading adoption of open government principles and formalizing its official implementation approach. Overcoming these challenges and refining the tools of open government would allow Canada to take full advantage of its new leadership position on the OGP Steering Committee, while reinforcing its existing domestic and foreign policy goals. We argue that Canada’s position on the OGP Steering Committee is an opportunity to redefine and enhance Canadian soft power.

This report explores how Canada can best utilize the opportunity presented by its election to the OGP Steering Committee. The report is based on a literature review and semi-structured interviews with leading open government experts from a diverse set of backgrounds, who imparted their perceptions of Canada’s involvement in the open data and open government movements. The research has been synthesized into 6 recommendations for the Government of Canada’s open government policy, and are aimed at complementing the existing Open Government Directive and Third Biennial Plan to the Open Government Partnership.

First, leadership in open government can involve being a frontrunner in adoption of international transparency standards. Canada’s existing support of the International Aid Transparency Initiative (IATI) is one such example. There exist other transparency standards that Canada can adopt in full, such as the Extractive Industries Transparency Initiative (EITI) and the Open Contracting Data Standards (OCDS). Comprehensive adoption of such initiatives will help Canada leverage its position at the OGP and elsewhere, while improving efficiencies locally. In addition, Canada has the capacity and experience to develop a formal approach to solving national-level problems, using multi-stakeholder fora and collaboration across jurisdictions. Piloting such programmes domestically will encourage and empower other nations to follow suit.

Second, increasing the engagement of civil servants and politicians in open government will spread its implementation beyond TBS. This will mobilize all units into a ‘whole of government’ approach whereby employees at all levels subscribe to and are responsible for implementing discrete components of a comprehensive open government vision. This would be one step towards ‘open-by-default’ culture.

Third, clear and succinct communications will improve coordination of Government of Canada activities abroad. This could include the designation of a liaison to coordinate foreign interactions on open government, and ensuring the goals of domestic civil society stakeholders aligns with government. This is important as Canadian civil society organisations also have a significant presence abroad (including the OGP).

Fourth, leadership also involves going beyond compliance and raising minimum standards on open government. This can be in the realm of transparency, where Canada has the experience necessary to influence global transparency standards. As open government principles, such as transparency, become an integral part of foreign diplomacy, becoming the global standard bearer for open government may benefit Canada’s negotiating position in other areas such as trade and investment.

Fifth, linkages can be made between open government and other, unexplored policy and problem areas. Harmonizing open government policy with related policy, such as education and or international development, will reduce redundancies and create cohesion. One example is Parliamentary Openness, an operationalization of open government in the legislature that also has great potential for alignment with existing open government commitments both domestically and at the OGP.

Finally, the relationship between government and Canadian civil society organizations should not be forgotten. Because Canadian civil society has been an innovator in open government both domestically and abroad, closer collaboration between the two spheres is desirable.

These recommendations cover both domestic and international reforms to bolster Canadian leadership in open government. An interesting theme which cuts across the recommendations is how success in open government reinforces and strengthens Canada’s existing foreign policy goals. Where Canada has recently signalled a change in its foreign policy towards a more outward looking approach, open government provides an innovative vector to reinforce those goals while projecting strength on the world stage. Open government and transparency therefore become additions to Canada’s options in exerting soft power. Based on the research conducted for this report, we conclude that it is highly advantageous for the Government of Canada to explore how successful involvement in the open government movement may require linkages across ministries and agencies, most notably between Global Affairs Canada and the Treasury Board of Canada Secretariat.

FOREWORD

Over the next years of Canada’s role of lead government co-chair, and supporting government co-chair of the Open Government Partnership (OGP), the global community will be looking to Canada to lead by example and further the OGP. This upcoming leadership role represents an historic and unprecedented opportunity for Canada to deliver ambitious and concrete reforms that demonstrate the transformative potential of open government. Furthermore, this represents a chance to engage and excite both the international community and domestic civil society in the OGP process.

The Government of Canada is making positive moves in open government. Recent developments include the Open by Default Pilot, increased internal capacity at the Treasury Board of Canada Secretariat to support the achievement of a whole-of-government approach to open government, and the co-creation of the Multi-Stakeholder Forum to establish a permanent dialogue mechanism with civic leaders. We anticipate the next round of consultation for the next National Action Plan on open government will be even more engaging and fruitful.

Nevertheless, there remains a gap between current approaches and future potential. For example, the issue of indigenous data sovereignty is salient to aligning open government with the broader reconciliation process. In collaboration, we decided to investigate Canada’s potential opportunities and requirements for greater leadership in the global open government movement. We realised that the most likely sources of recommendations were our peers; experts in Canadian open data and open government. These individuals come from a variety of backgrounds and domains, ranging from data standards to budget transparency and sustainable development. We believe this exemplifies the breadth of Canadian leadership. Our expertise is not just found in organizations within Canada, but in our distinguished expats who help others in their development goals. It is these individuals who bring Canadian values to their open government work abroad.

Our ensuing report, Canada in the World: Towards Canadian-Led Open Government contains identifies the barriers that need to be overcome and makes a number of recommendations towards them. It focuses on the need for strategic alignment across the Government of Canada, and between domestic and foreign policy goals. We hope this report will inspire discussion and we look forward to engaging further on the matter.

INTRODUCTION

Open government has become increasingly prominent as a governance philosophy and a desired outcome of government reform. With each successive Parliament, Canada strives to improve its governance to become more transparent, more efficient, and more effective at addressing public needs. Strengthening governance through increased transparency and engagement helps build trust with citizens, another goal of government. The concept of open government has matured into the overarching philosophy that coordinates these governance objectives at national, international, and subnational scales. The Open Government Partnership (OGP) is a global multilateral initiative for the open government movement, and uses a working definition of open government to describe it as: transparency, accountability, and public engagement. This network, founded in 2011, is the global coordinating body for open government discourse, and one that Canada has been a member of since 2012. Through this network, member nations commit to “promote transparency, fight corruption, empower citizens, and harness new technologies to make government more effective and accountable”. [1] Open government acts as an important high-level framework for many government and development activities. Such is the plethora of applications that the OGP categorises its member’s commitments into 50 cross-cutting themes covering a variety of topic such as: engagement with citizens and non-profits, whistleblower protection, public procurement, open data, and water and sanitation.

The Government of Canada has been a keen promoter of open government since the launch of its Open Government Initiative in 2011 and its first National Action Plan for the 2012-2014 [2] period where it first introduced its synthesis of OGP commitments around three core activity streams: Open Data, Open Info, and Open Dialogue. Since then, Canada has consistently updated its biennial plan (now in its third iteration) and is following through on the three activity streams. Significant progress has been made to transform the Open Data Pilot Project (started in 2011 under the prior Conservative administration) into a full fledged infrastructure, and the Open Government Directive [3] has cemented the philosophy into government-wide policy. The latest action plan, called the Third Biennial Plan to the Open Government Partnership [4] renews the government’s commitment to “restore trust in public institutions” and “to raise the bar for openness and transparency”. Regardless of the change in government resulting from the 2015 federal election, open government has been passed along from one minister to the next and remains a top government priority. As such, open government is a part of Canadian governmental doctrine that can transcend political boundaries and be sustained through successive governments in the future.

What is Open Government?

Open Government is defined in a variety of ways. The Government of Canada defines it this way:“Open Government means a governing culture that fosters greater openness and accountability, enhances citizen participation in policymaking and service design, and creates a more efficient and responsive government.”

Government of Canada (http://open.canada.ca/en/frequently-asked-questions)

More definitions of open government have been collated by the GovLab (http://thegovlab.org/open-government-whats-in-a-name/)

In March 2017, Canada was elected to a three-year term at the Open Government Partnership (OGP) Steering Committee, to begin on 1st October 2017. [6] The mandate represented by this election alongside strong international perception of Canada’s openness represents an enormous opportunity for the Government of Canada to both advance its interests in terms of open government policy and to elevate Canada from a position of strength, to one of leadership in the global open government community.

What is the Open Government Partnership?

Founded in 2011, the Open Government Partnership (OGP) is a multilateral network of national governments, sub-national governments, and civil society stakeholders. As of 2016, this global network includes 75 member countries, 43 of which have established permanent dialogue mechanisms domestically. Through partnership with civil society stakeholders, OGP member countries sign the Declaration on Open Government and work to fight corruption and improve transparency and citizen engagement, also adopting new technologies that improve governance.

Country membership in the OGP requires meeting eligibility criteria, development of national action plans, and commitment to an independent reporting mechanism. Canada has been a member of the OGP since 2012.

Through the OGP, various stakeholder communities of practice coordinate their efforts. This includes regional and global events to convene stakeholders, workshops to share knowledge, and working groups to tackle specific problems.

This report seeks to outline how the Government of Canada and open government community can take full advantage of this opportunity, by providing an analysis of Canada’s existing implementation and operationalization of open government and guidance on future direction. Specifically, this report will address the following:

  • The current state of open government in Canada
  • Existing challenges in Canadian open Government
  • The variety of domains for implementation
  • How Canadian power can be redefined through open government

This report draws upon a literature review and interviews with key experts working in areas such as: fiscal and budget transparency, extractives and aid transparency, legislative transparency, data standards, rights to information, digitising public services, data sharing for agriculture and development. We provide six recommendations for Canadian domestic and foreign policy, which we believe will allow Canada to maximize the value of its mandate on the Open Government Steering Committee. The ideas presented in this paper are a synthesis of responses provided by our key interviewees, and OpenNorth and Powered by Data’s expertise.

Data Sources and Approach

The feedback that informs this report was gathered through interviews of thirteen open government experts. Some are Canadian expatriates and one is non-Canadian, but all have a global reach in their activities and maintain ties to Canada. We selected experts using existing contacts in the open government community and through snowball sampling, whereby we asked respondents to name additional potential interviewees. Our criteria for selection was that respondents work in areas related to the five main open government challenges, [7] and that their work extended abroad (either through presence at international open data and open government conferences, or in the form of international partnerships). A complete list of respondents can be found in Appendix A and survey questions found in Appendix B.

THE CURRENT STATE OF OPEN GOVERNMENT IN CANADA

The wide margin by which Canada accrued points during its election process to the OGP Steering Committee confirms Canada’s affinity for open government and the perceptions the international community has of us – as an open and progressive country that is working towards transparency, social justice, and economic opportunity for all of its citizens. Canadian values of tolerance, multiculturalism, and pluralism are intrinsically linked to open government. Open government ideals have even found their way into Federal Government mandates, as evidenced by the Prime Minister’s Mandate Letters to Ministers upon winning the 2015 general election.

We have also committed to set a higher bar for openness and transparency in government. It is time to shine more light on government to ensure it remains focused on the people it serves. Government and its information should be open by default. If we want Canadians to trust their government, we need a government that trusts Canadians. It is important that we acknowledge mistakes when we make them. Canadians do not expect us to be perfect – they expect us to be honest, open, and sincere in our efforts to serve the public interest.

– extract from Rt. Hon. Justin Trudeau Mandate Letters to Ministers

Open Government is currently operationalized through the Treasury Board of Secretariat (TBS) under Minister Scott Brison. Under this current arrangement, the Government of Canada is a funder of research projects on open data evaluation and impacts, participates in working groups such as the Open Data Charter [8] Measurement and Accountability Working Group, and has mandated open data and open government domestically through its three-pronged (Open Data, Open Information, and Open Dialogue) approach. As a result of these efforts, every single Federal ministry has an open government action 8 A successor to the G8 Open Data Charter, sometimes referred to as the International Open Data Charter plan, and open data and open government have spread to sub-national government. Canada ranks second on the Open Data Barometer [9] and is considered a leader in open data. Moreover, Canada’s change of course on some policies over the past few years, such as the reinstatement of the long form census, has restored some government credibility in the eyes of the public and experts. Finally, the Government of Canada is a leader at the International Aid Transparency Initiative [10] (IATI), a major achievement and demonstration of its commitment to open government.

From a broader perspective, open government’s components of transparency and accountability have long been a part of Canadian foreign policy goals. In this respect, Global Affairs Canada (GAC) has been promoting open government principles long before the term was conceived, with considerable investment in developing nations. Historically, GAC has implemented governance projects at national and sub-national levels of government [11], and projects that support anti-corruption and civil society [12] organizations (two goals of open government). Meanwhile, the International Development Research Council (IDRC) has funded development projects and, even more importantly, has furthered knowledge on governance and e-government [13] development with research spending of over $140.3 million in the 2015-2016 year alone. [14] Open data (one of the cornerstones of Canadian open government) is already an explicit priority for IDRC [15], evidenced in its support of organizations such as Open Data for Development [16] (OD4D) and substantial funding of the International Open Data Conference (IODC), the world’s largest annual gathering of the open data community. Through support of OD4D, IDRC has indirectly expanded its reach in the open data movement to support initiatives such as the Global Open Data Index. [17] IDRC has also looked to identify links between the use of information technologies and democratic reform, with the aim to “build more open, better networked societies through the use of digital technologies.” [18] These examples demonstrate that the Government, through existing and historical programmes, already has considerable experience and knowledge in issues touching on the aims stated in the Open Government Declaration.

Canada’s sphere of influence in open government is not restricted to the activities of the Government of Canada. We can count a number of Canadian citizens among the global leaders in open data and open government. These individuals have amassed expertise and experience through their work in international organizations or have become thought leaders that helped initiate and drive the discourse on open government. Such Canadians also care about helping others create open data and open government. For example, André Laperrière, Executive Director of the Global Open Data for Agriculture and Nutrition (GODAN) network, recently received the Canadian Open Data Leader of the Year 2017 Award at the 2017 Canada Open Data Summit, for his work in creating a worldwide agricultural knowledge-sharing network that helps developing and developed nations alike. [19] Canadian academia has also made advances in research on open government. Dr. Renee Sieber (McGill University) leads a SSHRC Partnership Grant on open data. She and Dr. Peter Johnson (University of Waterloo) have modelled the potential of open data as an instrument of government efficiency, and as a participatory realization of open government. [20] They posit that open data (particularly Canadian open data) has much more potential as a vector of civic participation. Co-producing data with citizens can increase both efficiency in public services, and trust between citizens and government.

Canadian advances in open government speak to some of the perceptions of our identity and values. Canadian identity is one of a “strong international reputation. We are known as a well governed, progressive, and multicultural society. When people think of Canada, open also comes to mind” (Lindsey Marchessault, Open Contracting Partnership). Canada therefore “has the potential to be a convener” (Claire Woodside, Publish What You Pay – Canada). These sentiments are echoed in the open government community abroad,

Words I associate with Canadian colleagues: reliable, honest, trustworthy, upfront, fairly open, and finally, modest

– Richard Stirling [21], Oxford Insights

Given the accomplishments of the Canadian government and Canadian experts in civil society, Canada appears to have accumulated the social capital and reputational strength needed to exert even further leadership in the open government movement. Along these lines, a December 2016 opinion column from outgoing Information Commissioner of Canada, Suzanne Legault, called for increased Canadian leadership on open government to protect democratic values and lead by example, prompted by her perception of a faltering commitment by international partners.

CHALLENGES REMAIN

Despite Canada’s strong track record of participation in open governmentrelated commitments, challenges remain in both the global open government movement and Canada’s domestic implementation. In this section, we present a number of challenges for Canada, both domestically and internationally. All of these challenges were identified by our interview respondents.

There is a need to be more methodical about [dialogue] in the context of open government

– Don Lenihan, Canada2020

Cohesion in messaging remains a challenge. Interview respondents noted that Canada’s participation at international fora and on international bodies can be inconsistent. While TBS maintains the open government portfolio internally, it is the IDRC that continues to fund much of the open government and open data movement’s events and research projects.

This is reflected in differing participation, whereby multiple representatives from the Government of Canada may be present at any single event. A simple example is Open Data for Development (OD4D), which receives funding from both IDRC and GAC. While the IDRC is a Crown corporation, not a ministry with diplomacy as its primary function, both IDRC and GAC project Canada’s interests and values. This presents a challenge to foreign representatives who may prefer the simplicity of a single point of contact. Multiple representatives can foster uncertainty over the Federal Government’s long-term agenda and goals for participation at the OGP. This creates a perception in outsiders, whether true or not, that there is a lack of internal coordination amongst Federal institutions.

Respondents also perceived domestic reforms to be slow. They noted that there remains a disconnect between the higher level of policy at which political leaders operate, and ground level implementations by the civil service. Consensus on how to create an Open Dialogue process (that incorporates Open Data and Open Information) is yet to be reached. According to Don Lenihan (Canada2020), while Canadians may have a collaborative culture that values engagement in dialogue, this process requires standardization if it is to be replicated, iterated, and improved upon.

Changes to access to information legislation have also been delayed, which lowers public expectations of government’s commitment. Admittedly, these are incredibly difficult expectations to manage, especially given that open government reforms are long-term, structural (and cultural) changes to governance. While the pace at which government operates is a common criticism from outsiders, it is important to remember that government must make decisions that have been deliberated and with consequences well thought out; checks on decision-making are an important aspect of the Government of Canada’s daily operations, and the communication of these aspects of government structure will align expectations closer to the reality of governance.

There is a need for more internal coordination on the open government agenda: what does it mean to do open government, what does it mean to collaborate, how does cooperation work best

– Lindsey Marchessault, Open Contracting Partnership

Finally, the incentives for organizational culture change needed to implement ‘open-by-default’ culture have yet to be communicated to civil servants, as there is a perception that the civil service remains highly risk averse. Even with an Open Government Directive, a culture of open government has yet to be cultivated in the civil service and interviewed respondents observed that civil servants remain hesitant of upsetting the status quo. Positive steps are already being taken in this direction with the recent appointment of a new Chief Information Officer, who is setting a new tone on culture change and preparing the civil service for the next big technological advances the country will face. Canada clearly needs to go beyond national action plans and directives and work towards operationalising its open government targets for all civil servants to understand and implement.

REDEFINING CANADIAN POWER THROUGH OPEN GOVERNMENT

CANADA AS A MIDDLE POWER

The challenges outlined above need to be overcome, not just for domestic impact, but because implementing open government will allow Canada to lead by example on the international stage. Canada has proclaimed a strong aspiration for international leadership with its new, outward looking foreign policy stance, which has come in the face of global uncertainty in the commitments of friendly nations. Minister Freeland’s policy address in June 2017 sent an assertive message to Canadians that the Government of Canada has the desire to break away from its stereotype of middle power and take up a leadership role in global issues such as climate change, trade, and security. [23] The rest of the world may be in agreement – in a June 2017 poll of citizens in 25 countries around the world, Canada was selected as having the most positive influence on world affairs, outranking our neighbouring allies and even global institutions such as the United Nations and the World Bank Group. [24]

Historically, Canada has operated as a middle power by favouring conflict resolution through diplomacy; a soft power approach that Canada is reliant upon to this day. [25] Canada’s unwavering commitment to issues such as climate change, refugees, and human rights, has given it moral leadership amongst allies, some of whom are trending towards isolationist policies. Current foreign policy is built upon a strong tradition of commitments such as Responsibility to Protect or the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (Ottawa Treaty); [26] not to mention involvement in the UN and in peacekeeping operations. These expressions of soft power (and the occasional military action) are designed to promote Canadian values abroad; a key mission of Canada’s diplomatic corps.

Arguably, open government principles are directly correlated with the very same Canadian values. If international agreements on climate change or nonproliferation of nuclear arms are considered a projection of soft power, [27] then Canada’s open government policy is the rhetorical arm of Canadian power that, importantly, can influence discourse on all manner of domains.

This vision of Canadian open government leadership supporting Canada’s foreign policy goals is in line with the Prime Minister’s mandate letter to Minister Freeland which said that Minister Freeland should aim to “restore constructive Canadian leadership in the world and to promote Canada’s interests and values.” We believe that leadership in open government offers Canada a new approach to soft power that will enable it to break away from its traditional middle power role and allow it to be more assertive on the world stage.

APPLYING SOFT POWER VIA OPEN GOVERNMENT

Canada benefits from its membership in a global community of governments working to adopt ambitious [open government] reforms as this can strengthen its relationships with like-minded countries and civil society, and contribute to good governance and effective public policy for more prosperous societies, both in Canada and abroad.

– Alisha Todd, ParlAmericas

A middle nation’s soft power is not restricted to the field of international diplomacy, nor is it exclusive of open government. In this section, we suggest two problems areas to which an open government approach may be applied: climate change and legislative openness.

The United Nations Framework Convention on Climate Change, and its annual Conference Of Parties meeting, is one example. Under this agreement, Canada has committed to transparency for emissions data, and accountability through a common review process as stated by Environment and Climate Change Canada; [28] likely requiring open data. International commitments also link to domestic implementations. The Pan-Canadian Framework on Clean Growth and Climate Change sets Canada’s domestic commitment for climate solutions such as carbon pricing, which again will require strong data sharing and reporting mechanisms. [29] Such cross-governmental collaborations require reporting and data-sharing mechanisms to be synergised, as global problems do not remain separate from local problems and solutions. Since climate change is a multi-jurisdictional issue, an open government framework (with Canada’s three prongs of open data, open info, and open dialogue) is an ideal platform within which to move domestic and international commitments forward into implementation. The open data and open government movements are already orienting themselves to support action around climate change. The OGP has already instituted an Open Climate Working Group, [30] which aims to help OGP members achieve their commitments to the UN Framework Convention on Climate Change and the latest commitments from the Paris Agreement. [31] This group has identified a need for data sharing to monitor progress and transparency in decision-making related to carbon emission reduction for countries to uphold their commitments. It has produced guidelines on integrating climate commitments [32] into OGP National Action Plans. [33]

Finally, Canada participates in networks that parallel its open government priorities. As mentioned above, Canada sits on the board of IATI, an apt position given Canada’s extensive international development work. Ongoing support and leadership within ParlAmericas,34 the inter-parliamentary institution that promotes parliamentary diplomacy in the inter-American system, is another commitment. Through the ParlAmericas Open Parliament Network, GAC has supported the development of a Road Map towards Legislative Openness and is actively engaged in the sharing of best practices related to Open Parliament across Latin America and the Caribbean.35 Canada has also engaged in technology transfer in this context,

Many countries look to Canada for examples of good practices. As a recent example, the Parliament of the Republic of Trinidad and Tobago used Canada’s ParlVU36 as the basis for designing their ParlView37 system to livestream parliamentary debates.

– Alisha Todd, ParlAmericas

What are Open Parliaments?

The Open Parliament movement was solidified in the Declaration on Parliamentary Openness [38] from an international conference of parliamentary monitoring organizations in 2012. The Declaration, which a number of countries have adopted, places a number of requirements on parliaments such as: provide parliamentary information the public, ensure that there are legal means that allow citizens to access data, and “an affirmative duty to promote citizen understanding of parliamentary functioning and share good practices with other parliaments to increase openness and transparency.” Open data and open government principles are imbued and operationalized for legislative bodies.

POLICY RECOMMENDATIONS

In this section, we outline six recommendations to align Government of Canada’s domestic and foreign open government policy. These recommendations are the major themes synthesised from interviews conducted with thirteen open government experts in civil society. Respondents were asked about their views of Canada’s strengths and weaknesses in open government, and their recommendations for the Government of Canada.

RECOMMENDATION 1: LEAD BY EXAMPLE

Do more domestically and showcase it

– Lindsey Marchessault, Open Contracting Partnership

Global leadership requires examples of tangible results. Twelve out of thirteen respondents stated that Canada should not lose sight of its domestic agenda, and that leading by example is the best form of leadership. Ensuring proper compliance with existing international commitments such as the International Aid Transparency Initiative [39] (IATI), Extractive Industries Transparency Initiative [40] (EITI), Open Contracting Data Standard [41] (OCDS), and Open Data Charter [42] (ODC) will demonstrate Canada’s willingness to follow through on commitments. Of these initiatives, Canada is publishing its aid data in the IATI format (but without integration into the Federal open data catalogue), and the implementation of the OCDS by Public Works and Government Services Canada has yet to leave the pilot stage. [43]

Rather than making new promises, we need a ruthless focus on execution. There is only ‘lead by example’

– David Eaves, Harvard Kennedy School

Stepping up means being more participatory in decision-making, including in the formulation of the budget, and sharing information in such a way that it reaches and is understood by the public as extensively as possible.

Canada can build on its solid reputation of transparent and accountable governance by leveraging relevant platforms, connecting international agendas with open government, and encouraging more countries to adopt open government reforms.

– Claire Schouten, International Budget Partnership

The adoption of complementary principles such as the Open Data Charter and Open Parliaments can also strengthen Canada’s open government initiative. The Open Data Charter’s six principles [44] promote conformity with other nations’ open data initiatives and ensures that high level collaboration occurs within the same framework. [45] The Declaration on Parliamentary Openness is focused on extending open principles to Parliament itself. The Government of Canada already adheres to many of the pledges within the Declaration on Parliamentary Openness, such as ensuring media access, providing online broadcasts of debates, and supporting our two official languages. Adoption of these principles directly into government policy and directives will add structure to Canada’s open government agenda. This will enable the Federal Government to conform to the progress of subnational governments, such as the Province of Ontario [46] and City of Edmonton, [47] who have already adopted the International Open Data Charter and are aligning themselves with international best practices. [48]

Select a problem to solve, engage stakeholders, then use tools like open data and multi-stakeholder fora to address the problem

– Ana Brandusescu, Web Foundation

Globally, open government has moved past the honeymoon stage where making commitments, setting policies, and building the infrastructure are enough. For many, transparency is now a given, expected by default. Moving forward, open government will need to show impact. The real trailblazers are now those that use transparency to solve concrete problems, figure out the balance between direct/representative participation from citizens, and can show demonstrable advances in public sector accountability.

– Panthea Lee, Reboot

Piloting open government : domestic pilots of projects that demonstrate co-creation and open government principles are a viable approach that can yield success in the short or medium term. Tackling national issues could demonstrate Canada’s unique experience in collaboration across governments and jurisdictions. One respondent suggested a project geared towards collaboration across all levels of government, in areas such as a national dialogue framework or a national drive to address climate change. This would support problem-solving of national-level problems for Canada’s benefit, but also create replicable and scalable collaborative models that could be applied to other contexts. Such a project would require a demonstration of the effective use of open data and information for evidence-based debates and decision-making, as well as the strategic use of multi-stakeholder consultation tools. Multiple projects in parallel are advised, to spread risk as well as learn and iterate upon processes more quickly. This may require close cooperation with the Chief Information Officer to ensure such projects align with existing government priorities and identify scaling opportunities within Canada. The Province of Ontario’s digital government office is an example of open government alignment with digital infrastructure priorities, such as the incorporation of open standards into their efforts to standardize infrastructure and processes. Adhering to a spirit of open government in co-creation or planning of such projects would be a showcase of Canada’s culture of pluralism and tolerance; key characteristics of our identity. [49]

Summary of Recommendation 1: Lead by Example

  • Integration of transparency initiatives into government policy and data operations such as: International Aid Transparency Initiative, [50] Extractive Industries Transparency Initiative, Open Contracting Data Standard, Open Fiscal Data Package and recommendations of the Open Budget Survey [51] • Integration includes publishing workflows to maintain data currency on the Federal open data catalogue, and ensuring compliance with the Government of Canada’s metadata and geospatial data standards and guidelines
  • Integration of related principles, such as the Open Data Charter and Open Parliaments, into open government policy • Integrate the Open Data Charter’s six principles directly into the Government of Canada’s Open Government Directive [52]
  • Pilot multiple national-level problem-solving projects within an open government framework, that utilise a multi-stakeholder forum and collaborate across all levels of government • Distil and document lessons learned from the projects to iterate on problem-solving processes and enable replication abroad

RECOMMENDATION 2: ACTIVE AND PROACTIVE PARTICIPATION BY POLITICIANS AND CIVIL SERVANTS AT ALL LEVELS

Canada does not need to be so humble. They are rapidly making progress and should be proud to talk about it. We need a champion high up in Canadian government, who will relentlessly talk about open government and open data

– André Laperièrre, GODAN

Active participation in open government initiatives worldwide, is one area where Canada has an excellent track record, and should be encouraged to continue. As highlighted above, Canada’s involvement in open government covers a range of actions from setting high-level targets to individual research projects, conferences, and working groups. We highly encourage this level of involvement to be maintained, and increased where possible. Canada’s ability to lead the open government community also requires it to support research and development of open data standards, metrics, and impact assessments. These will provide partner nations the tools with which to power their own open government initiatives.

To create a national drive for open government, civil servants and political leadership at all levels would ideally understand and comply with the Federal Government’s open government agenda, and its exact means of implementation.

Civil servants must be front and centre in the development of open government programmes. They are the ones that translate policies and commitments into actual impact in the lives of Canadians. Any initiative should consider implementing agencies’ existing capacities and provide adequate resources, training, partnerships, and support to set civil servants up for success

– Panthea Lee, Reboot

However, it should be noted that creating a ‘whole of government’ approach still requires collaboration with civil society. Internal engagement and collaboration with civil society (a requirement for OGP members), has been assessed by the OGP’s Independent Reporting Mechanism as limited, behind schedule, and requiring improvement. [53]

Summary of Recommendation 2:

  • Educate civil servants and politicians on open government and the benefits of participation in international networks
  • Identify existing government programmes that can be transformed through open government as case studies to garner interest at operational and political levels
  • Maintain and increase participation in existing foreign and domestic open government initiatives (such as GCcollab [54]), and working groups
  • Support research and development in impact assessment, standardisation, and metrics

RECOMMENDATION 3: CLARIFY THE MESSAGE

Clear messaging at international events is key. As was noted in the above section on challenges, some international commitments (such as OD4D and the IODC) are attended, funded, or organised by multiple Canadian governmental institutions, including Crown corporations. This has created a perception amongst our interviewees that more internal coordination is needed within the Government of Canada.

Therefore, we recommend setting clear lines of communication between the Government of Canada and all international open government and open data fora. Designating a single contact point for the Government of Canada may require investment in effective communication lines between ministries and in a government liaison to represent Canada.

Domestically, clarification of messaging is also important, as it brings together all government employees to operate under the same open government paradigm. While the Open Government Directive has been communicated internally, additional coordination and capacity are required to ensure messaging is translated into action within departments at all levels of government (Federal, provincial, municipal). This is especially important, as the Federal Government is not the sole purveyor of open government in Canada. Canadian civil society experts are at the cutting edge of open government and open data; thus, it is also in the Federal Government’s interests to communicate their vision to this group. Civil society organisations may even differ from the Government of Canada in their conceptualisation of open government. Reconciling differences is important if government and civil society are to collaborate on the same national-level problems. Collaboration under a singular Canadian open government agenda will be witnessed abroad.

Summary of Recommendation 3: Clarify the Message

  • Designate an international liaison to coordinate foreign the Government of Canada’s open government engagements
  • Converge government and civil society stakeholders under the same open government agenda and tackling the same issues

RECOMMENDATION 4: GO BEYOND COMPLIANCE

The release of data and adoption of data standards are easy targets for open government. Canada has a unique capacity to adhere to open government standards to such a strong degree as to become a standards setter itself. Increased scepticism of some of Canada’s partners’ commitment to issues of transparency has left a leadership position open to Canada. Being in the position to ‘set the standard’ on global issues, such as transparency in industry and financial sectors, may reinforce Canada’s negotiating position in other areas such as trade agreements.

There is probably a competitive advantage to be seen as a responsible actor in [open government]. The more you raise the bar, the more difficult it is for other countries to win concessions from you

– David Eaves, Harvard Kennedy School

This may open an avenue for harder expressions of power that allow Canada to pursue its foreign policy goals of promoting transparency and good governance with greater effectiveness. Partnerships with nations that have good transparency and data sharing practices creates trusting bilateral relationships and gives confidence to the investment community.

Binding rules are important. Without hard requirements to be ambitious, [OGP members’] action plans can be weak

– Toby Mendel, Centre for Law & Democracy

It should be noted that certain countries lack monitoring or data collection capacities (e.g. for extractives industries transparency). Engaging the Canadian private sector as partners in Canada’s open government agenda will demonstrate our private sector’s compliance with transparency and quality standards to the international community. This gives an additional layer of regulatory safety to foreign investors and incentivises investment with Canadian firms, increasing our competitiveness and boosting comparative advantage. A firm that is accountable to transparency standards is less likely to be investigated and fined for malpractice. Transparency therefore increases stability and reduces risk; a boon to investors. Transparency may also result in increased open data production from the private sector. Open data is broadly accepted to have huge potential in generating economic growth by increasing efficiencies in data sharing and business intelligence. As such, international trade and investment are also likely beneficiaries of open data and transparency.

Compliance with transparency standards can also be promoted at the OGP through enforcement of membership requirements. This could include binding timelines within which to enact national action plan commitments such as the creation of multi-stakeholder fora, adoption of reporting standards, or enactment of legislation (e.g. adoption or modification of access to information laws). Should Canada apply for, and be selected to chair the Steering Committee, this would be an opportunity for Canada to set progress on open government action plans as a requirement for membership. Not only would this bring con- CANADA IN THE WORLD: TOWARDS CANADIAN-LED OPEN GOVERNMENT | 24 formity to the open government community, it would give the OGP a clearer enforcement function.

Our final suggestion is to incorporate Open Parliament commitments, outlined in the Declaration on Parliamentary Openness, into the OGP’s agenda. Citizen engagement with legislatures (through consultation and open data) was identified as an area needing more attention from the open government movement. Because of this, the OGP has adopted a parliamentary engagement policy, which stipulates the means for legislative bodies to engage with the OGP. Incorporation of the Open Parliaments principles from the Declaration on Parliamentary Openness, will provide highly specific guidance to legislatures on the means with which they can adopt an open government approach in their activities. This includes detailed commitments regarding the use of broadcast/ livestreaming, maintenance of archives and websites, open data formats, the language used in communication, and many more. Incorporating Parliamentary Openness into the OGP’s agenda will be a significant step in operationalising the OGP’s principles, while promoting legislative openness amongst members will further Canada’s foreign policy goals. The Open Parliament Action Plan for Ukraine provides a good example of an OGP member integrating Open Parliament into its own open government agenda. [55]

Summary of Recommendation 4: Go Beyond Compliance

  • Set additional standards on transparency
  • Involve the Canadian private sector in integrity reforms, rather than compliance
  • Enforce barriers to entry for the OGP
  • Supplement the OGP agenda with Open Parliament commitments

RECOMMENDATION 5: TRANSLATE OPEN GOVERNMENT TO OTHER POLICY AREAS

Canada’s current open government priorities still appear to be in releasing open data. This is evinced in the heavy focus Federal ministries’ open government action plans place on open data workflows. However, this approach is limited without adequate engagement and is based on assumptions that emergent uses for open data are inevitable. Recommendation 2 was to increase participation and collaboration by elected officials and civil servants in the Government of Canada’s open government plans. This recommendation suggests branching out to other policy and problem areas, not simply jurisdictions.

OGP implementation in Canada has focused heavily on opening datasets and reforming internal government policies. It is critical that Canadian open government pivot its focus to prioritize participation and effective engagement. While equally focusing subsequent OGP action plans on previously neglected policy areas, such as anti-corruption and government accountability.

– Claire Woodside, Publish What You Pay – Canada

There are a variety of policy areas that could incorporate Canada’s open government agenda. Foreign aid and development are the immediate candidates, particularly as GAC and IDRC have invested substantial amounts in governance, IT, and transparency projects in the developing world over the past few decades. Our expert respondents suggested the United Nations Sustainable Development Goals as another linkage, [56] particularly for Canada’s foreign aid work. Anti-corruption, particularly on the issue of beneficial ownership of corporations, can impact multiple levels of government and is relatively unexplored by Canadian policy. Three respondents also stated that while Canada’s policy on women (e.g. Canada’s feminist international assistance policy [57]) is appreciated, its relevance to open government needs clarification.

The new work on digital government focuses primarily on improving service delivery, but it should also take into account the government’s open government commitments and obligations when upgrading or designing new systems.

– James McKinney, Open Contracting Partnership

Open government also exists within a technological environment. The OGP declaration states the need to utilize “the power of new technologies to make government more effective and accountable.” This means digital divides (inequities in access to technology and data), data literacy, e-government, and net neutrality are also relevant policy areas that support open government. Without easy access to open data and open information, and without the ability to understand or analyse them, Canada’s vision for an open and connected society will not come to fruition. These problems can be addressed through education policy to promote literacy, and regulation of the telecommunications industry to ensure the free flow of information.

What is data literacy?

Data literacy is the ability to understand, manage, manipulate, and communicate data. It is a co-requisite for data numeracy and statistical literacy (the ability to apply mathematical concepts to data). Without the ability to download, filter, and sort data, individuals cannot perform analysis. This can lead to a digital divide within the population.

What is the digital divide?

The digital divide refers to differentials in a population’s access to data and technology. This may be due to a number of factors including: income and markets, digital skills and education, access to technology and infrastructural capacities. Digital divides create unequal access to technology and data. By extension, certain segments of the population are far better positioned to benefit from open data than others, resulting in imbalances in citizen engagement.

Summary of Recommendation 5: Translate Open Government to Other Policy areas

  • Link open government policy to related domestic policy and problem areas such as education and telecommunications regulation
  • Link foreign development policy to the open government agenda

RECOMMENDATION 6: REINFORCE THE RELATIONSHIP WITH CANADIAN CIVIL SOCIETY ORGANIZATIONS

The OGP declaration explicitly states a commitment to support collaboration with civil society organizations and the private sector. In Canada, all governments remain strongly linked to civil society. An easy approach for government to strengthen this bond could be to draw upon local civil society expertise, ranging from dialogue mechanisms to data standardisation and reporting mechanisms, under the Canadian multi-stakeholder forum and perhaps in less formal engagement settings.

Consistent engagement between government, civil society, and private sector is needed. You need frequent contact and understanding to understand each other’s values, capacities, and constraints, so when there is an issue to solve you aren’t getting to know each other for the first time. The best way to do this is to work together on concrete problems, not just high-level policy. The ‘doing’ should inform the talking.

– Panthea Lee, Reboot

Similar to the previous recommendations, closer coordination with Canadian civil society will promote cohesion in a domestic open government approach, which will then be reflected in our international engagements.

At the same time, respondents felt Canada’s regulations on political activities by charitable organizations to be overly restrictive. While Canadian government should continue to consult civil society organizations, without the freedom to voice their opinions or support for political decisions, feedback and collaboration will reduce in quality and frequency. Civil society organisations therefore require greater freedoms to be leaders in their respective fields, which will benefit their collaborations with government in the long-run.

Some steps towards this have already been taken by civil society, which we encourage the Federal Government to take advantage of. The Canadian Open Government Civil Society Network was set up to connect the Canadian civil society to the rest of the OGP, and has been proposed as a permanent dialogue mechanism. Domestically, the upcoming Canadian multi-stakeholder forum proposes to be a permanent dialogue mechanism [58] between government, public, and civil society organizations. [59] These two mechanisms can become the foundation stones for the implementation of open government within Canada.

Summary of Recommendation 6: Reinforce the relationship with Canadian civil society organizations

  • Increase informal engagement with civil society organizations
  • Reduce restrictions on political activities by organizations with charitable status

 

 

CONCLUSION

The above recommendations suggest that a more agile approach is needed to iterate on Canada’s open government agenda. This involves tackling issues and experimenting with national-level projects, in parallel to expanding Canada’s international commitments.

The immediate next step for the Government of Canada may be a meeting of top-level Federal, Provincial, and municipal administrators to communicate the national open government agenda and verify its applicability to all levels of government. Civil society is always willing and continues to engage with government. Mobilizing the whole of government around the national agenda, will re-energize ministers and empower civil servants to engage with others in solving national issues. We are confident in open government’s potential to empower civil servants and expand the capabilities of government, and optimistic the Government of Canada can lead the world towards more open and connected societies.

APPENDIX

A. LIST OF INTERVIEW RESPONDENTS

Ana Brandusescu (Web Foundation) David Eaves (Harvard Kennedy School) André Laperrière (Global Open Data for Nutrition and Agriculture GODAN) Tracey Lauriault (Carleton University) Panthea Lee (Reboot) Don Lenihan (Canada2020) Lindsey Marchessault (Open Contracting Partnership) James McKinney (Open Contracting Partnership) Toby Mendel (Centre for Law & Democracy) Claire Schouten (International Budget Partnership) Richard Stirling (Oxford Insights) Alisha Todd (ParlAmericas) Claire Woodside (Publish What You Pay-Canada)

B. INTERVIEW QUESTIONS

Semi-structured interviews were conducted with those listed in Appendix A, using the structure below.

BACKGROUND

1. Who are you, what are your organization objectives, describe your role in that organization, where are you based?

2. In your own words, briefly describe your work on all of the following areas of open government that apply to you: transparency, accountability, anti-corruption, civic participation, tech for governance

3. Do you work or engage with government?

4. Do you work or engage with the OGP? If so, how?

5. Do you work or engage with foreign governments outside of the OGP?

6. Do you work or engage with foreign or international organisations, institutions, or networks?

7. Do you work or engage with other Canadians related to the field of open government?

CANADA AND THE GLOBAL OPEN GOVERNMENT MOVEMENT

8. In your experience, what are the Government of Canada’s open government priorities? Are you aware of Canada’s international policy objectives as they relate to open data or open government?

9. Canada’s has used concepts of open info, open data, open dialogue internally. Have you seen these concepts being used on the international stage?

10. Have you observed any unique approaches to open government by foreign governments?

11. How do you think the Government of Canada can advance the open government movement globally? What is unique qualities does Canada have that would aid this?

12. What are the top challenges you face in your work as an open government practitioner or in your work related to governance?

YOUR RECOMMENDATIONS

13. Do you see Open Government and participation in the OGP as a foreign policy objective or as a matter of internal governance?

14. Implementation plans in Federal Canadian departments suggests that open government is predominantly operationalised as open data. How else could open government be operationalised and promoted?

15. The OGP’s five grand challenges, as cited by Canada’s latest open government plan, are: improving public services, increasing public integrity, managing public resources, safer communities, corporate accountability. The OGP expects members to select one or two of these challenges to focus on.

  • Which two challenges do you feel the Govt. of Canada should focus on internally?
  • Which challenges are most important to promote abroad? Why?

16. Are you interested in helping Canada accomplish foreign policy goals in relation to open data or open government?

17. If so, how could you be better prepared to support those goals? What do you envision the role of civil society to be, in relation to the Government of Canada?

18. Would you be interested in connecting with other Canadians around open data/open government? (high priority, moderate priority, not a priority, unsure)

19. Final thoughts on Canada’s tenure on the OGP Steering Committee?