5820-01685 — Old Port of Montreal Corporation Inc. and Canada Lands Company Limited and Montreal Science Centre and Canada Science and Technology Museum and le Musée de la civilisation à Québec and Bureau du coroner en chef du Québec
The complainant alleged that the Old Port of Montreal Corporation Inc. improperly withheld information related to the "Autopsy of a Murder" exhibit under several sections of the Access to Information Act. The withheld records included contracts, photographs, and inventory lists. The institution claimed exemptions under paragraphs 18(b) and 18(d) for competitive position and financial interests, subsection 19(1) for personal information, and paragraphs 20(1)(c) and 20(1)(d) for third-party financial impact and negotiations. The Commissioner found that the institution failed to provide sufficient evidence to demonstrate a reasonable expectation of harm for the exemptions under section 18 and 20. Regarding subsection 19(1), the Commissioner determined that the photographs of human remains either did not identify an individual or related to individuals deceased for over 20 years, thus not qualifying as personal information. The complaint was found to be well-founded, and the Commissioner ordered the disclosure of all information at issue.
- 1Whether s.18(b) ATIA (competitive position of government institutions, negotiations by government institutions) was properly applied
- 2Whether s.18(d) ATIA (government financial interests, undue benefit to an individual) was properly applied
- 3Whether s.19(1) ATIA (personal information) was properly applied to photographs of human remains
- 4Whether s.19(1) ATIA (personal information) was properly applied to signatures (removed from scope)
- 5Whether s.20(1)(c) ATIA (financial impact on a third party) was properly applied
- 6Whether s.20(1)(d) ATIA (negotiations by a third party) was properly applied
- 7Whether the Coroner's office had a right to make representations as a third party under s.35(2)(c) ATIA
- s.18(b) & (d) exemptions: Exemption not justified
- s.19(1) personal information: Information not personal
- s.20(1)(c) & (d) exemptions: Exemption not justified
- Disclosure of records: Records ordered disclosed
- Complaint outcome: Complaint well-founded
Complaint well founded — disclosure ordered
The institution failed to provide sufficient evidence to demonstrate a reasonable expectation of harm for the claimed exemptions under sections 18 and 20. For section 19(1), the information (photographs of human remains) did not meet the definition of personal information as the individuals were either unidentifiable or deceased for over 20 years.
The President and Chief Executive Officer of the Canada Lands Company is ordered to disclose the records in full, with the exception of signatures which were removed from the scope of the complaint.
- s.18(b) ATIA
- s.18(d) ATIA
- s.19(1) ATIA
- s.20(1)(c) ATIA
- s.20(1)(d) ATIA
- s.35(2)(b) ATIA
- s.35(2)(c) ATIA
- s.35(2)(d) ATIA
- s.36.1(1) ATIA
- s.37(4) ATIA
- s.41 ATIA
- s.43 ATIA
- s.4(1) ATIA
- s.3(m) Privacy Act
This summary is for informational purposes only and does not constitute legal advice.
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