Canadian Human Rights Commission (Re), 2020 OIC 3
The complainant challenged the Canadian Human Rights Commission's (CHRC) decision to withhold information under subsections 19(1) (personal information), section 22 (testing/auditing procedures), and section 23 (solicitor-client privilege) of the Access to Information Act. During the investigation, the CHRC agreed to release all information previously withheld under section 22 and some under section 23. The OIC found that while some information met the requirements for personal information under s.19(1), specific file numbers did not, as their disclosure would not identify an individual. Regarding solicitor-client privilege, the OIC found that certain draft investigation reports were not shown to have received legal review or advice, thus not meeting the exemption's criteria. The Commissioner recommended the disclosure of the file numbers and the draft investigation reports. The CHRC agreed to the recommendations and released the additional information.
- 1Whether s.19(1) personal information exemption applies to personal contact information of government employees, leave information, and names of CHRC complainants
- 2Whether s.19(1) personal information exemption applies to file numbers
- 3Whether the institution reasonably exercised discretion under s.19(2) for applicable personal information
- 4Whether s.22 testing/auditing procedures exemption applies
- 5Whether s.23 solicitor-client privilege exemption applies to communications between client and counsel for legal advice
- 6Whether s.23 solicitor-client privilege exemption applies to draft investigation reports
- 7Whether the institution reasonably exercised discretion under s.23 for applicable solicitor-client privileged information
- s.22 testing/auditing procedures: Exemption withdrawn by institution
- s.23 solicitor-client privilege: Exemption partially withdrawn by institution
- s.19(1) personal information: Exemption upheld for some information
- s.19(1) personal information: Exemption not upheld for file numbers
- s.23 solicitor-client privilege: Exemption not upheld for draft reports
- Disclosure of records: File numbers and draft reports disclosed
Complaint well-founded — additional disclosure made
The CHRC improperly withheld certain file numbers under s.19(1) as they did not meet the criteria for personal information, and improperly withheld draft investigation reports under s.23 as they were not demonstrated to be subject to solicitor-client privilege. The CHRC subsequently agreed to disclose the identified information.
The Commissioner recommended that the CHRC disclose the file numbers withheld under subsection 19(1) and the draft investigation reports withheld under section 23, which the CHRC agreed to do.
- s.19(1) ATIA
- s.19(2) ATIA
- s.22 ATIA
- s.23 ATIA
- s.37(1) ATIA
- s.41 ATIA
- s.43 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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