Federal (Canada)Access to Information ActNot well-founded

5820-00879 — Royal Canadian Mounted Police

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

The complainant alleged that the Royal Canadian Mounted Police (RCMP) improperly withheld information under paragraph 16(1)(a) of the Access to Information Act. The requested information pertained to a complaint investigated by the RCMP. The OIC's investigation determined that the withheld information was obtained by the RCMP, an investigative body specified in the regulations, during a lawful investigation related to the detection, prevention, or suppression of crime. Furthermore, the information was created less than twenty years before the request. The OIC also found that the RCMP reasonably exercised its discretion by considering relevant factors for and against disclosure, including the purpose of the Act and the private interests of other individuals. Consequently, the OIC concluded that the information met the requirements for exemption under paragraph 16(1)(a) and that the institution's decision to withhold it was appropriate.

Key issues
  1. 1Whether the information was obtained or prepared by an investigative body listed in Schedule I of the Access to Information Regulations
  2. 2Whether the information was obtained or prepared during a lawful investigation within the authority of the investigative body
  3. 3Whether the investigation concerned the detection, prevention, or suppression of crime, enforcement of law, or threats to security of Canada
  4. 4Whether the information was created less than 20 years before the access request
  5. 5Whether the institution reasonably exercised its discretion to decide whether to release the information under s.16(1)(a)
Outcome breakdownFavours: Institution
  • Application of s. 16(1)(a): Exemption upheld
  • Discretionary exemption: Discretion properly exercised
Outcome

Complaint not well founded

Reasoning

The OIC found that the withheld information met all the criteria for exemption under s.16(1)(a) ATIA, as it was prepared by the RCMP during a lawful investigation related to crime detection, prevention, or suppression, and was less than 20 years old. The OIC also concluded that the RCMP reasonably exercised its discretion in deciding to withhold the information.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Statutes considered
  • s.16(1)(a) ATIA

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

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