I was very interested to read in the Toronto Star this morning that:

The icy wall between Paul Martin and Jean Chrétien has opened a tiny crack, with the new and old Liberal governments agreeing to open up cabinet records to scandal-probe scrutiny. Less than a week after the tensions between new and old prime minister were reignited in the heat of the sponsorship scandal now engulfing federal politics, Martin's new government had to go calling on Chrétien yesterday for help. The former prime minister's approval was needed to unseal cabinet records that could be useful to a Commons committee probing the abuse of hundreds of millions of dollars in federal sponsorship funds during Chrétien's time in office. Such documents are normally kept secret for 30 years.

Some other reports say 20 years. Section 21 of the Federal Access to Information Act appears to say 20.

But where is the principle that the former government controls the cabinet papers? And what would have happened if Chretien had passed away? Would John Manley as former Deputy PM have to be asked? Does Joe Clark may believe he has secrets being kept from us for another five years? Seems Turner might, too...or Brian. Section 13(2)(a) states:

(2) The head of a government institution may disclose any record requested under this Act that contains information described in subsection (1) if the government, organization or institution from which the information was obtained... consents to the disclosure...

Are former Prime Ministers still the head of their governments for this purpose? It would appear odd that we could have a government that, say, does a really bad thing lets call Bad Thing "X" and when the population give that government the boot on the basis of uncovering Bad Thing "X" the new government has to go cap in hand to the old government asking permission to release certain information about Bad Thing "X".

Doesn't that sound rather 1970s Chile?