BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5822-02973 — Crown-Indigenous Relations and Northern Affairs Canada
Office of the Information Commissioner of CanadaAccess to Information Act5822-02973Well-founded
Flag of Canada

5822-02973 — Crown-Indigenous Relations and Northern Affairs Canada

Organization: Crown-Indigenous Relations and Northern Affairs Canada
Decision: Feb 19, 2024Published: Feb 19, 2024

The complainant alleged that Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) failed to conduct a reasonable search for "School Narratives" and supporting documents. CIRNAC officials identified that records existed but refused to process them, citing confidentiality and a lengthy processing time. The Information Commissioner found the complaint well-founded, ordering CIRNAC to retrieve and process all responsive records and provide a new response to the request.

  • Reasonableness of the search conducted by the institution
  • Institution's refusal to process identified records
  • Complainant's right of access to records under the control of a government institution

Complaint well founded — disclosure ordered

The Commissioner found that CIRNAC identified records responsive to the request but refused to process them, which constitutes a failure to conduct a reasonable search and effectively denies the complainant's right of access.

AI-generated summary for reference only. Always verify against the official decision ↗

Recommended action / remedy

The Commissioner ordered CIRNAC to retrieve and process all responsive records and provide a new response to the access request.

Statutory provisions cited
  • s.4 ATIA
  • s.30(1)(a) ATIA

This is a summary of a decision by the Office of the Information Commissioner of Canada and is for informational purposes only. It is not legal advice.