3217-02579 — National Defence
The complainant alleged that National Defence (DND) failed to conduct a complete search for the Official Radio Log Book of the HMCS Shawinigan. DND tasked the Royal Canadian Navy (RCN) with retrieving the records, but the RCN reported them as lost. Despite a "Summary Investigation" by DND, the circumstances of the loss could not be determined. Ultimately, the Information Commissioner found that DND conducted reasonable searches and could not conclude that responsive records could reasonably be found, rendering the complaint not well founded.
- Reasonableness of the search conducted by National Defence
- Determination of the loss of records
- Impact of records management deficiencies on the right of access
Complaint not well founded
The Commissioner found that National Defence conducted reasonable searches and took reasonable steps to identify and locate records. While the requested records were ultimately not found due to their loss, the Commissioner could not conclude that the loss occurred after the request was made or in an effort to avoid access, nor could they find that the institution failed to conduct a reasonable search.
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The report was sent to the Minister of National Defence to highlight the importance of good records management practices.
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