Federal (Canada)Access to Information ActNot well-founded

Library and Archives Canada (Re), 2021 OIC 34

Organization: Library and Archives CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Library and Archives Canada (LAC) failed to conduct a reasonable search for an index containing information about all military personnel who served in World War II. The investigation revealed that LAC does not possess such a comprehensive index. While LAC holds paper-based World War II personnel records, these also include personnel from other conflicts and do not contain information on reservists. Furthermore, these records have not been digitized or used to create an electronic database from which a complete list could be generated. Although LAC can respond to requests for specific individuals, the Commissioner found that the institution does not have the requested index. Therefore, the Commissioner concluded that LAC's search was reasonable given the non-existence of the requested record.

Key issues
  1. 1Whether Library and Archives Canada conducted a reasonable search for an index of all military personnel who served in World War II
Outcome breakdownFavours: Institution
  • Adequacy of search: Search found reasonable
  • Existence of records: Requested index does not exist
Outcome

Complaint not well founded

Reasoning

The investigation determined that Library and Archives Canada did not possess the requested index of all military personnel who served in World War II. The records it holds are paper-based, not digitized, and do not constitute a comprehensive index as sought by the complainant. Therefore, the institution could not have found a record that does not exist.

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