Federal (Canada)Access to Information ActWell-founded

5822-06528 — Crown-Indigenous Relations and Northern Affairs Canada

Organization: Crown-Indigenous Relations and Northern Affairs CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) failed to conduct a reasonable search for records related to the Wood Mountain (Lakota) First Nation's land claim from 2000 to 2020. Initially, CIRNAC provided records only from 2017 onwards, claiming no earlier records could be located. The OIC's investigation highlighted the absence of records from key periods, specifically 2009-2012 when the claim was first submitted and rejected, and 2014-2016 when the First Nation filed with the Specific Claims Tribunal. After the OIC's persistent questioning and research, CIRNAC conducted subsequent searches and located additional responsive records. The Information Commissioner concluded that CIRNAC had not conducted a reasonable search and ordered the institution to retrieve and process all newly identified records and issue a new response to the complainant.

Key issues
  1. 1Whether Crown-Indigenous Relations and Northern Affairs Canada conducted a reasonable search for records
Outcome breakdownFavours: Applicant / complainant
  • Adequacy of search: Search found unreasonable
  • Further search: Further search ordered
  • Disclosure of records: Newly identified records to be processed and disclosed
Outcome

Complaint well founded — disclosure ordered

Reasoning

CIRNAC initially failed to locate records from significant periods relevant to the request (2000-2016), only finding them after the OIC's detailed inquiries and research prompted further searches.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Recommended action / remedy

The Information Commissioner ordered Crown-Indigenous Relations and Northern Affairs Canada to complete the retrieval of all responsive records, process them, and provide a new response to the complainant within 60 business days.

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

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

Pro · AI

Decisions with similar reasoning and facts — found by AI across statutes and jurisdictions, not just keywords.

Pro
Coverage — 13 of 14 jurisdictions searchable

Fully searchable: Ontario, British Columbia, Alberta, Saskatchewan, Newfoundland and Labrador, Northwest Territories, New Brunswick, Manitoba.

Partial (recent decisions only): Federal (Canada) (651 of 1,631), Nova Scotia (49 of 472), Quebec (6 of 7,090), Prince Edward Island (2 of 279), Yukon (1 of 75).

Coming soon: Nunavut — being re-processed for AI search.

Find decisions like this one — by meaning, not keywords.

Related by meaning is a Pro feature. Upgrade to surface conceptually similar decisions across the corpus, powered by AI.

Upgrade to Pro