Federal (Canada)Access to Information ActWell-founded

Royal Canadian Mounted Police (Re), 2020 OIC 8

Organization: Royal Canadian Mounted PoliceComplainant: Anonymous applicant
Plain-language brief

The Information Commissioner initiated a systemic investigation into the Royal Canadian Mounted Police's (RCMP) ability to provide timely responses to access to information requests between 2016-2017 and 2018-2019. The investigation was prompted by persistent complaints about the RCMP's failure to meet statutory timeframes and its lack of participation in delay complaint investigations. The Commissioner found that the RCMP's performance had significantly deteriorated, with a substantial increase in requests taking over 365 days to complete and a growing backlog. The RCMP attributed these issues to its geographical dispersion, the volume of requests, and the sensitive nature of its information holdings. The Commissioner made 15 recommendations across six areas, including tasking processes, procedures, training, electronic systems, resources, and a comprehensive strategy. However, the Minister of Public Safety's response largely ignored or inadequately addressed most of these recommendations, failing to commit to concrete plans or provide explanations for not addressing identified failings. Consequently, the Commissioner found the complaint to be well-founded, concluding that the Minister had accepted the status quo despite the dire situation.

Key issues
  1. 1Whether the RCMP's tasking processes contributed to delays in responding to access requests
  2. 2Whether the RCMP's procedures for processing access requests were adequate and consistently applied
  3. 3Whether the RCMP provided sufficient training to staff involved in access to information
  4. 4Whether the RCMP's electronic systems were adequate for processing access requests efficiently
  5. 5Whether the RCMP had adequate human and financial resources for its access to information program
  6. 6Whether the RCMP had a comprehensive strategy to meet its access obligations and reduce its backlog
  7. 7Whether the Minister of Public Safety's response to the Commissioner's recommendations was satisfactory
  8. 8Whether the RCMP's failure to provide representations to the OIC during delay complaint investigations was appropriate
Outcome breakdownFavours: Applicant / complainant
  • Systemic timeliness: Complaint well-founded
  • Minister's response to recommendations: Response inadequate
  • RCMP's timeliness performance: Performance deteriorated
  • RCMP's participation in investigations: Lack of participation noted
Outcome

Complaint well founded — systemic issues identified, recommendations made, and special report to Parliament tabled

Reasoning

The Commissioner found that the RCMP consistently failed to meet statutory timeframes for responding to access requests and that the Minister of Public Safety's response to the Commissioner's recommendations for improvement was inadequate, indicating an acceptance of the status quo despite significant operational deficiencies.

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Decision notes
Recommended action / remedy

The Commissioner made 15 recommendations to the RCMP across six areas to improve its compliance with the Access to Information Act and tabled a Special Report to Parliament highlighting the issues and the Minister's unsatisfactory response.

Statutes considered
  • s.39 ATIA

This summary is for informational purposes only and does not constitute legal advice.

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