Canadian Human Rights Commission (Re), 2020 OIC 3
The complainant requested records related to a human rights file from the Canadian Human Rights Commission (CHRC). The CHRC withheld information citing personal information, testing/auditing procedures, and solicitor-client privilege. During the OIC investigation, the CHRC agreed to disclose information withheld under testing/auditing procedures and portions withheld under solicitor-client privilege. The OIC found that some file numbers withheld as personal information did not meet the exemption's requirements, and that certain draft investigation reports withheld under solicitor-client privilege also did not meet the exemption's requirements. The CHRC agreed to disclose these records.
- Applicability of the personal information exemption (section 19(1)) to file numbers
- Applicability of the solicitor-client privilege exemption (section 23) to draft investigation reports
- Reasonable exercise of discretion by the institution
- Disclosure of information withheld under testing/auditing procedures (section 22)
Complaint well founded — disclosure ordered
The OIC found that certain file numbers withheld under section 19(1) and draft investigation reports withheld under section 23 did not meet the requirements of those exemptions. The institution agreed to disclose the records as recommended by the OIC.
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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 ATIA
- s.22 ATIA
- s.23 ATIA
- s.37 ATIA
- s.41 ATIA
- s.43 ATIA
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