Department of Justice Canada (Re), 2022 OIC 54
The complainant alleged that the Department of Justice Canada improperly withheld records related to the Alternate Independent Process for St-Anne’s Residential School hearings. The records were claimed to be exempt under various sections of the Access to Information Act, including solicitor-client and litigation privilege (section 23). The Information Commissioner found that the Department did not adequately establish solicitor-client or litigation privilege for many of the withheld records, particularly those communicated outside the scope of the solicitor-client relationship or involving parties without sufficiently common interests. The Commissioner recommended the disclosure of information not meeting the exemption criteria.
- Applicability of solicitor-client privilege
- Applicability of litigation privilege
- Demonstration of common interest privilege
- Reasonable exercise of discretion to withhold records
Complaint well founded — disclosure ordered
The Commissioner found that the Department of Justice Canada failed to demonstrate that many of the withheld records met the criteria for solicitor-client or litigation privilege. Specifically, communications that occurred outside the solicitor-client relationship and the lack of established common interests among parties meant that section 23 of the Act was not properly applied to all withheld information.
AI-generated summary for reference only. Always verify against the official decision ↗
Disclose all information withheld pursuant to section 23 that does not meet the requirements of that section.
- s.16(2) ATIA
- s.19(1) ATIA
- s.21(1)(a) ATIA
- s.21(1)(b) ATIA
- s.23 ATIA
- s.69(1) ATIA
This decision is informational only and does not constitute legal advice.