5819-03081 — Health Canada
The complainant alleged that Health Canada improperly withheld records related to Dukoral under various ATIA exemptions, including personal information, third-party commercial information, and solicitor-client privilege. While some exemptions like solicitor-client privilege were upheld, the Commissioner found that Health Canada did not sufficiently demonstrate that information withheld under commercial and advice/recommendations exemptions met the required criteria. The Commissioner ordered Health Canada to disclose specific information previously withheld.
- Confidential third-party commercial, financial, scientific or technical information (s. 20(1)(b))
- Financial impact on a third party (s. 20(1)(c))
- Advice or recommendations (s. 21(1)(a))
- Solicitor-client privilege (s. 23)
Complaint well founded — disclosure ordered
Health Canada failed to demonstrate that all information withheld under paragraphs 20(1)(b) and 20(1)(c) met the requirements of those exemptions, particularly regarding confidentiality and the expectation of harm. Certain information claimed under paragraph 21(1)(a) was also found not to meet the exemption's criteria. However, information withheld under section 23 (solicitor-client privilege) was found to meet the exemption's requirements.
AI-generated summary for reference only. Always verify against the official decision ↗
Health Canada was ordered to disclose specific information withheld under paragraphs 20(1)(b), 20(1)(c), and 21(1)(a) of the Act.
- s.19 ATIA
- s.20(1)(b) ATIA
- s.20(1)(c) ATIA
- s.21(1)(a) ATIA
- s.23 ATIA
- s.30(1)(a) ATIA
- s.36.1 ATIA
This decision is for informational purposes only and does not constitute legal advice.