Parks Canada (Re), 2023 OIC 26
The complainant alleged that Parks Canada improperly withheld records concerning the Grassy Mountain Coal Project. The withheld information was claimed to be exempt under provisions related to personal information, advice and recommendations, and litigation privilege. The Information Commissioner found that while some information initially withheld under paragraph 21(1)(a) should have been disclosed, it was released during the investigation. The Commissioner was satisfied that the remaining withheld information met the criteria for the other exemptions claimed. The complaint was ultimately found to be well-founded.
- Whether information was properly withheld under subsection 19(1) (personal information).
- Whether information was properly withheld under paragraph 21(1)(a) (advice or recommendations).
- Whether information was properly withheld under section 23 (litigation privilege).
- Whether the institution properly excluded records deemed not relevant based on the complainant's prior agreement.
Complaint well founded
The Commissioner found that while information withheld under paragraph 21(1)(a) (advice or recommendations) was not properly exempted, it was released during the investigation. The Commissioner was satisfied that the remaining information withheld under subsection 19(1) (personal information) and section 23 (litigation privilege) met the exemption criteria. The Commissioner also found that Parks Canada was justified in not processing records that the complainant had agreed were not relevant to their request.
AI-generated summary for reference only. Always verify against the official decision ↗
The Commissioner noted that information incorrectly withheld under paragraph 21(1)(a) had already been disclosed, rendering an order unnecessary.
- s.19(1) ATIA
- s.21(1)(a) ATIA
- s.21(1)(b) ATIA
- s.21(1)(c) ATIA
- s.23 ATIA
- s.30(1)(a) ATIA
- s.19(2) ATIA
- s.21(2) ATIA
This decision is informational only and does not constitute legal advice.