Parks Canada (Re), 2023 OIC 26

The complainant alleged that Parks Canada improperly withheld information under various sections of the Access to Information Act in response to a request for records related to Benga Mining or the Grassy Mountain Coal Project. The institution withheld information under subsection 19(1) (personal information), paragraphs 21(1)(a), (b), (c) (advice, consultations, plans), and section 23 (litigation privilege). During the investigation, Parks Canada disclosed a portion of the record initially withheld under paragraph 21(1)(a) due to the passage of time. The Commissioner found that the remaining information withheld under subsection 19(1), paragraph 21(1)(a), and section 23 met the criteria for exemption and that the institution had reasonably exercised its discretion. The Commissioner also addressed the complainant's concern about records marked as "not relevant," finding that Parks Canada was justified in not processing these records given the complainant's prior agreement to narrow the scope of the request. Despite upholding the institution's application of most exemptions, the complaint was found to be well-founded because the institution initially improperly withheld information under paragraph 21(1)(a) that was later released.