3215-00664 — Canadian Security Intelligence Service and Department of Justice

The complainant alleged that the Canadian Security Intelligence Service (CSIS) failed to conduct a reasonable search for records related to pay equity for unionized CSIS employees. The request sought communications between CSIS and other federal government departments and agencies on this topic. CSIS initially searched its Human Resource Compensation Branch but refused to search its Departmental Legal Services Unit (DLSU), arguing that DLSU records were under the control of the Department of Justice, not CSIS. The Office of the Information Commissioner found that CSIS's refusal to task its DLSU was premature and that records physically located with the DLSU could still be under CSIS's control, especially given the solicitor-client relationship and the subject matter relating directly to CSIS's mandate. The Commissioner concluded that CSIS failed to conduct a reasonable search by not retrieving and reviewing these records to determine control. The complaint was found to be well founded, and the Commissioner recommended that CSIS retrieve, review, and respond to the records from its DLSU, but CSIS declined to implement the recommendations.