Ford doubles down on “confidentiality” after court orders release of phone records

Despite a ruling by a three-judge panel that ordered the release of his personal phone records for government calls, citing public interest, Doug Ford is doubling down on his pledge of confidentiality

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Despite a ruling by a three-judge panel that ordered the release of his personal phone records for government calls, citing public interest, Ontario Premier Doug Ford is doubling down on his pledge of confidentiality.

A recent court ruling has ordered the release of Ontario Premier Doug Ford’s personal phone records, following a freedom of information request filed by Global News in 2020 that the provincial government had refused to follow through on.

Ontario’s Information and Privacy Commission (IPC) oversaw the initial request and ruled that business-related calls made by the premier should be made public, even when done through Ford’s personal phone.

The transparency watchdog found that the contents of Ford’s personal call logs “relate to a department or government business matter,” resulting in the IPC requesting the release of the calls.

Ford said during a press conference on Monday that politicians generally “destroy all records” when they leave office to protect the privacy of their conversations while in office.

“There has to be confidentiality,” he said. “We’re going to keep your calls to me completely confidential. I’ve never ever mentioned a call in seven and a half years. I’ve never mentioned anyone’s name because I get very personal calls about family situations, very deep too, and they trust me.”

The Ontario government responded by requesting a judicial review, asking the provincial court to overrule the IPC decision, which was heard last month.

However, the government’s request for a judicial review was denied, with the panel ruling in favour of the IPC’s decision.

“The conclusion that the Premier used his personal cellphone to conduct Cabinet Office matters is a finding of fact that attracts a high degree of deference,” reads the decision.

“The inference that the Premier used his personal phone for government business was a reasonable inference from other proven facts and the totality of the evidence that was available to the Adjudicator.”

Ford’s office announced it would be “seeking leave” to appeal the decision, arguing that access to the premier’s personal phone records was an invasion of privacy and would lead to “speculation, gossip and innuendo” and “misinformation.”

Meanwhile, the panel cautioned against politicians attempting to skirt their duty to openly communicate with the public.

“It is now widely accepted that access to government information laws are vital tools of democratic practice, contributing to transparency, accountability and meaningful participation in public debate and political decision-making,” the panel wrote.

“The Decisions are transparent, intelligible and justified.There is no basis on which this court should intervene.”

In considering its decision, the panel noted Ford’s failure to submit an affidavit swearing he doesn’t use his personal phone for government business, which is common practice in IPC appeals.