Federal (Canada)Access to Information ActWell-founded

5821-01206 — Library and Archives Canada

Organization: Library and Archives CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Library and Archives Canada (LAC) improperly withheld information under subsection 15(1) of the Access to Information Act, concerning records of the Intelligence Advisory Committee from 1989-1995. These records pertained to migration trends and global developments. The Office of the Information Commissioner (OIC) found that the Canadian Government had previously disclosed similar records and that the information reflected public and Parliamentary debate, leading the OIC to conclude that disclosure would not harm national security or international relations. Consequently, the OIC determined that the requirements for exemption under subsection 15(1) were not met. As a result of the OIC's intervention, LAC disclosed the records in their entirety on January 20, 2023. The complainant expressed satisfaction with this disclosure.

Key issues
  1. 1Whether s.15(1) ATIA (national security and international relations) was properly applied to records of the Intelligence Advisory Committee, 1989-1995
  2. 2Whether disclosure of the records would cause harm to national security or international relations
Outcome breakdownFavours: Applicant / complainant
  • s.15(1) national security: Exemption not justified
  • Disclosure of records: Records disclosed in full
Outcome

Complaint well founded — records disclosed

Reasoning

The OIC found that the information did not meet the requirements of subsection 15(1) because similar records had been previously disclosed by the Canadian Government and the topics reflected public and Parliamentary debate, indicating no reasonable expectation of harm to national security or international relations.

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Decision notes
Recommended action / remedy

Library and Archives Canada disclosed the records in their entirety.

Statutes considered
  • s.15(1) ATIA
  • s.30(1)(a) ATIA

This summary is for informational purposes only and does not constitute legal advice.

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