BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5822-06528 — Crown-Indigenous Relations and Northern Affairs Canada
Office of the Information Commissioner of CanadaAccess to Information Act5822-06528Well-founded
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5822-06528 — Crown-Indigenous Relations and Northern Affairs Canada

Organization: Crown-Indigenous Relations and Northern Affairs Canada
Decision: Jan 17, 2024Published: Jan 17, 2024

The complainant alleged that Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) did not conduct a reasonable search for records related to the Wood Mountain (Lakota) First Nation land claim. While CIRNAC initially provided records from 2017 onwards, OIC investigation and research revealed potential missing records from 2009 to 2016. Following further searches prompted by the OIC, CIRNAC located additional records. The Information Commissioner found the complaint well-founded and ordered CIRNAC to complete the retrieval and processing of all responsive records and provide a new response to the complainant.

  • Reasonableness of the search conducted by the institution
  • Identification and location of all records responsive to the access request
  • Completeness of the records provided to the complainant

Complaint well founded — disclosure ordered

The OIC concluded that CIRNAC did not conduct a reasonable search because the initial search failed to locate records from key periods of the land claim's history, particularly between 2009 and 2016. Further searches, prompted by the OIC's detailed inquiries and independent research, led to the discovery of additional records, confirming the initial search was insufficient.

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Recommended action / remedy

CIRNAC was ordered to complete the retrieval and processing of all responsive records and provide a new response to the complainant within 60 business days.

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

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