No quick answers in RCMP taser attack and subsequent death of Robert Dziekanski at Vancouver International Airport

Thanks to a lack of legal transparency, it's quite possible that the public will never learn key details in the tasering and subsequent death of Robert Dziekanski at the Vancouver International Airport.

Several years ago, the federal government turned the airport into an "authority", which is governed by directors nominated by eight organizations, including the City of Richmond, the City of Vancouver, and Metro Vancouver. Former Vancouver mayor Philip Owen, former Delta mayor Beth Johnson, and former Vancouver police board member Peter Webster are on the board, which is chaired by businessman Graham Clarke.

The Vancouver Airport Authority does not fall under the federal Access to Information Act or the provincial Freedom of Information and Protection of Privacy Act.

Therefore, it's impossible for reporters to file access requests to determine if anyone had ever raised concerns in the past about the lack of communication between the international arrival area, where Dziekanski's mother waited, and the baggage and customs area, where Dziekanski remained for so many hours.

Reporters cannot file access requests to find out how much the airport authority pays noted Vancouver spin doctor Norman Stowe of the Pace Group, who provided advice to the CEO, Larry Berg, in the wake of Dziekanski's death. Berg waited three weeks to speak to CBC Radio, and since then has let one of his vice presidents do most of the speaking on behalf of YVR.

The federal access law, unlike the provincial legislation, doesn't give the information commissioner authority to order the release of documents. Therefore, the Canada Border Services Agency will be under no obligation to turn over videotapes of Dziekanski inside the customs area unless a citizen goes through the information-access system, and then seeks judicial review to force the matter.

Canada Border Services Agency, which has been silent throughout this sorry episode, could conceivably go all the way to the Supreme Court of Canada to try to block release of the videotapes.

Meanwhile, the RCMP still hasn't revealed the identies of the four officers who were present during the taser attack and who didn't provide CPR to Dziekanski after his heart stopped.

For anyone with concerns about any similar incidents during the Olympics in 2010, it's worth noting that the Vancouver Olympic organizing committee also doesn't fall under the federal Access to Information Act or the provincial Freedom of Information and Protection of Privacy Act. For more on that aspect of the 2010 Olympics, go here and here.

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