
5822-06528 — Crown-Indigenous Relations and Northern Affairs Canada
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.
- 1Whether Crown-Indigenous Relations and Northern Affairs Canada conducted a reasonable search for records
- Adequacy of search: Search found unreasonable
- Further search: Further search ordered
- Disclosure of records: Newly identified records to be processed and disclosed
Complaint well founded — disclosure ordered
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.
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.
- s.30(1)(a) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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