VIA Rail Canada Inc. (Re), 2020 OIC 15
The complainant challenged VIA Rail's decision to withhold information concerning a High Frequency Rail Proposal. VIA Rail had applied multiple exemptions under the Access to Information Act. The Information Commissioner found that VIA Rail failed to demonstrate that the withheld information properly fell within the scope of the claimed exemptions. Furthermore, VIA Rail did not perform a severance exercise to release non-exempt portions of the records. The Commissioner recommended that VIA Rail conduct a severance exercise, disclose all information not meeting exemption criteria, and properly exercise discretion for any remaining exempt information. Consequently, the complaint was deemed well founded.
- 1Whether the information fell within the scope of the exemptions claimed under s.18 ATIA
- 2Whether the information fell within the scope of the exemptions claimed under s.21 ATIA
- 3Whether VIA Rail conducted a proper severance exercise to disclose non-exempt information
- Application of exemptions: Exemptions not justified
- Severance: Severance not performed
- Disclosure of records: Records ordered disclosed
- Complaint outcome: Complaint well founded
Complaint well founded — disclosure ordered
VIA Rail failed to demonstrate that the information withheld met the criteria for the exemptions claimed and did not conduct a severance exercise to release non-exempt portions.
The Information Commissioner recommended that VIA Rail engage in a severance exercise, release all information which does not meet the criteria for exemption, and exercise discretion with regard to the remaining information at issue.
- s.18 ATIA
- s.21 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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