Library and Archives Canada (Re), 2023 OIC 18
The complainant alleged that Library and Archives Canada (LAC) improperly withheld information related to submarine operations in the Arctic region under exemptions for confidential government information and national security. The Information Commissioner found that LAC did not provide sufficient evidence to justify withholding the information under either exemption. The Commissioner recommended that LAC disclose the records in their entirety, but LAC stated it would not implement this recommendation.
- Justification for withholding information under subsection 13(1) (confidential information from government bodies).
- Justification for withholding information under subsection 15(1) (national security, defence).
- Whether the institution met the 'harm test' for exemption 15(1).
- Whether the institution met the 'confidentiality' requirement for exemption 13(1).
Complaint well founded — disclosure recommended
The Commissioner found that Library and Archives Canada failed to provide sufficient evidence to demonstrate that the withheld information met the requirements of either subsection 13(1) or subsection 15(1) of the Access to Information Act, specifically regarding the expectation of confidentiality and potential harm to national security or defence.
AI-generated summary for reference only. Always verify against the official decision ↗
The Commissioner recommended that Library and Archives Canada disclose the responsive records in their entirety.
- s.13 ATIA
- s.15 ATIA
- s.30(1)(a) ATIA
- s.37(4) ATIA
This is an informational summary only and does not constitute legal advice.