Province withholding records about proposed Fredericton jail from ombud

The New Brunswick government has doubled down on withholding records about a new jail in Fredericton, refusing to provide the ombud with copies of records that could help explain its decision to build the jail, which is expected to cost more than $30 million.

It's the latest example of the Higgs government withholding information or not creating records that could help the public understand significant government decisions.

Last year, CBC News asked the province for all records that detail the need for a new jail, such as records that discuss the business case for the jail or capacity issues within existing correctional centres.

The Department of Justice and Public Safety refused to provide any records in response to that request, saying all the records are exempted under sections of the right to information law that protect confidential cabinet documents and advice to a cabinet minister.

Now, the department has also refused to provide copies to the provincial ombud, Marie-France Pelletier, whose office handles complaints about right to information.

The province claims all of the records are protected under cabinet confidences, one of only two reasons the law allows the department to not produce records to the ombud for review. The department could still hand over the records to the ombud if it wishes, but the ombud can't force the department to do so.

It means the ombud has to try to determine whether the records were properly withheld from CBC without actually being able to look at them, and relying only on a description of what is in those records.

"Having reviewed all records and explanations from the department, I was of the view that the department may not have properly withheld access to all relevant records, and invited them to reconsider its position," Pelletier's office told CBC in an update last month.

"Unfortunately, the department was not amenable to changing its minds, and maintained its original position that you are not entitled to access to any records."

Public Safety Minister Kris Austin said he would look into why the department won't turn over the records to the ombud for review.

"I'll go back to the department to make sure the proper process has been followed and if it hasn't, then we will release those documents if required," Austin said.

"We have nothing to hide. There's no secret here. Again, the data's clear, the facts are clear. A new jail is needed and a new jail will be built."

Austin said the government has released "all the information" related to capacity issues and the need for a new jail. 

He couldn't explain why the government is withholding records about capacity issues within the correctional system as confidential cabinet documents.