BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/3217-02395 — Department of Justice Canada
Office of the Information Commissioner of CanadaAccess to Information Act3217-02395Well-founded
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3217-02395 — Department of Justice Canada

Organization: Department of Justice Canada
Decision: Nov 16, 2021Published: Nov 16, 2021

The complainant alleged that the Department of Justice Canada failed to conduct a reasonable search for records related to the APEC conference, trade agreements, and the Hughes Inquiry. The department initially stated no records could be found. However, during the investigation, it was revealed that the appropriate sector was not tasked until much later, eventually leading to the retrieval of over 41,000 pages. The Information Commissioner found the initial search unreasonable.

  • Reasonableness of the search conducted by the institution.
  • Timeliness of the institution's response.
  • Adequacy of the institution's estimate for processing remaining records.

Complaint well founded — Reasonable search ordered

The Commissioner concluded that the Department of Justice Canada did not conduct a reasonable search because it failed to task the appropriate sector (NLS) until well into the investigation, despite the request being for records from 1995-1999. Significant delays in retrieving and processing records were also noted.

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Recommended action / remedy

The Commissioner recommended that the Department of Justice Canada provide a final response to the access request no later than September 4, 2023.

Statutory provisions cited
  • s.37(1)(a) ATIA

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