3213-01488 — Library and Archives Canada and RCMP Security Service
The complainant alleged that Library and Archives Canada (LAC) improperly withheld information from a 1989 RCMP Security Service briefing on Hugh George Hambleton under subsections 13(1), 15(1), and 19(1) of the Access to Information Act. During the investigation, LAC dropped its reliance on subsections 13(1) and 19(1). The Information Commissioner focused on LAC's application of subsection 15(1) (national security). The Commissioner found that a significant amount of information about Hambleton, including his espionage activities, conviction, and parliamentary discussions, was already in the public domain. Consequently, the Commissioner determined that LAC failed to demonstrate a reasonable expectation of harm from disclosure, as required by subsection 15(1). The complaint was found to be well founded, and the Commissioner recommended full disclosure of the records. However, the Minister of Canadian Heritage declined to implement the recommendations.
- 1Whether s.13(1) ATIA (confidential information from government bodies) was properly applied
- 2Whether s.15(1) ATIA (national security) was properly applied
- 3Whether s.19(1) ATIA (personal information) was properly applied
- 4Whether disclosure of the withheld information could reasonably be expected to harm national security interests under s.15(1)
- 5Whether the public availability of information about Hugh George Hambleton undermines the application of s.15(1)
- 6Whether the passage of time affects the applicability of s.15(1)
- 7Whether the institution fulfilled its burden of demonstrating the requirements of the exemption under s.15(1)
- Application of s.13(1): Exemption dropped by institution
- Application of s.19(1): Exemption dropped by institution
- Application of s.15(1): Exemption not upheld
- Harm test: Institution failed to demonstrate harm
- Complaint outcome: Complaint well founded
- Disclosure of records: Full disclosure recommended
- Implementation of recommendations: Recommendations not implemented
Complaint well founded — disclosure recommended, but institution declined to implement
The Commissioner found that Library and Archives Canada failed to demonstrate a reasonable expectation of harm from disclosure under subsection 15(1) because much of the information related to Hugh George Hambleton was already in the public domain, and the passage of time further undermined the claim of harm.
The Commissioner recommended that the Minister of Canadian Heritage disclose the responsive records in their entirety within 10 business days.
- s.13(1) ATIA
- s.15(1) ATIA
- s.19(1) ATIA
- s.41 ATIA
- s.43 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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