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Implementation of Good Governance outside EU
1982 is no different. Freedom of information legislation advances transparency by establishing a governmental obligation to release government information, both proactively and reactively, and to ensure that information is delivered in a timely and accessible manner. Freedom of information can enhance participation by creating informed citizens. Despite this potential, the Freedom of Information Act 1982 has historically failed to achieve these aims due to high costs, lengthy delays, and a governmental culture that promoted secrecy over transparency. The Act served to facilitate an information asymmetry between government and the public. The Freedom of Information Amendment (Reform) Act 2010 has served to address some of these issues, demonstrating a shift from a ‘pull’ model of information disclosure to a ‘push’ model. A continuation in the direction of a ‘push’ model, facilitated by the use of information and communication technology, and the utilization of an administrative access scheme, could realize the potential of the Freedom of Information Act 1982 to enhance public transparency and participation in Australia.
3. Implementation of the Good Governance Principles in Canada Understanding ‘good governance’ in Canada is a difficult task. While there is literature to suggest that there is ‘good governance’ in Canada,106 it is not specifically defined by the Constitution, in any legislation, in policies, or in case law. There are, however, principles of good governance, as defined by the United Nations (UN), which Canada practices. These principles have various sources throughout Canada. Some principles are newer and less practised, whereas others have been engrained in society since the independence of Canada as a country with the British North America Act 1867. While learning about good governance in Canada, the history behind the practices and principles and how it works in everyday life, it is evident that Canada is largely a country wherein good governance is practised. There are, however, improvements that can be made, as Canada, like any other country, has its flaws. We begin with an explanation of the concept of good governance in Canada. This is followed by an outline of where the principles of good governance practised within the country can be found. Second, the sources of good governance will be explained. Within this section the 1982 Constitution (‘the Constitution’) and the Canadian Charter of Rights and Freedoms (‘the Charter’) are explored, specifically focusing on ‘peace, order, and good government’, the ‘rule of law’ in Canada, and the ‘equality rights’ guaranteed to Canadian citizens. The next part discusses the judiciary, one of the three branches of government within Canada. Specifically, judicial independence and the transparency of the judiciary will be explained. Subsequently, it will be argued that Canada’s electoral system represents the principle of participation, as it is representative of Canadian citizens and its provinces and territories. In the following part, a specific Act of Parliament is discussed to further prove the principles of transparency and accountability within the Canadian government. Afterwards, the accountability of administrative officials in Canada is discussed. The last part examines various examples
106 Graham, Amos, and Plumptre 2003, 1–9; Wilson 2012, 12; Treasury Board of Canada Secretariat, Meeting the Expectations of Canadians: Review of the Governance Framework for Canada’s Crown Corporations (Report to Parliament) (Her Majesty the Queen in Right of Canada, 2005), <http://www.tbs-sct.gc.ca> [Meeting the Expectations of Canadians] at 7.
