BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5821-01206 — Library and Archives Canada
Office of the Information Commissioner of CanadaAccess to Information Act5821-01206Well-founded
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5821-01206 — Library and Archives Canada

Organization: Library and Archives Canada
Decision: Feb 3, 2023Published: Feb 3, 2023

The complainant alleged that Library and Archives Canada (LAC) had improperly withheld information under subsection 15(1) (national security and international relations) of the Access to Information Act. The records requested were from the Intelligence Advisory Committee, 1989-1995, concerning migration trends and global developments. The OIC found that similar records had been disclosed previously and the information reflected public debate, thus not meeting the requirements of subsection 15(1). LAC disclosed the records in full on January 20, 2023.

  • Applicability of subsection 15(1) to records concerning migration trends and global developments
  • Burden of proof on the institution to justify withholding records
  • Prior disclosure of similar information by the Canadian Government
  • Information reflecting public and Parliamentary debate

Complaint resolved

The complaint was resolved because Library and Archives Canada disclosed the records in their entirety after the OIC's investigation indicated that the withheld information likely did not meet the criteria for exemption under subsection 15(1) of the Access to Information Act. The complainant was satisfied with the disclosure.

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Recommended action / remedy

Library and Archives Canada disclosed the records in their entirety.

Statutory provisions cited
  • s.15(1) ATIA
  • s.30(1)(a) ATIA

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