Library and Archives Canada (Re), 2022 OIC 51
The complainant alleged that Library and Archives Canada (LAC) improperly withheld information under section 23 (Solicitor-client privilege) of the Access to Information Act. While the information met the requirements for solicitor-client privilege, LAC did not demonstrate it had reasonably exercised its discretion to decide whether to disclose the information. The Information Commissioner ordered LAC to re-exercise its discretion, considering all relevant factors. LAC agreed to implement the order.
- Whether the withheld information met the requirements for solicitor-client privilege.
- Whether LAC reasonably exercised its discretion to disclose the information.
- Consideration of the historical significance of the records and the mandate of Library and Archives Canada in exercising discretion.
Complaint well founded — Re-exercise of discretion ordered
The Commissioner found that while the information met the criteria for solicitor-client privilege, the institution failed to demonstrate that it had reasonably exercised its discretion to withhold the information, particularly considering the age of the records and the mandate of Library and Archives Canada.
AI-generated summary for reference only. Always verify against the official decision ↗
The Minister of Canadian Heritage is ordered to re-exercise his discretion to decide whether to disclose the information, taking into account all relevant factors for and against disclosure.
- s.23 ATIA
- s.36.1 ATIA
This decision is informational only and does not constitute legal advice.