5820-01373 — Ingenium – Canada’s Museums of Science and Innovation
The complainant alleged that Ingenium improperly withheld information related to the loan of objects for the exhibit "Autopsy of a Murder" under various sections of the Access to Information Act. Initially, Ingenium claimed exemptions under sections 14, 16(1)(c), 18(b), 18(d), and 19(1). During the investigation, Ingenium decided to no longer rely on sections 16(1)(c), 18(b), 18(d), and 19(1) (for signatures), and disclosed some information. Ingenium then invoked paragraph 68(c) concurrently with section 14 to withhold photographs. The Commissioner found that the photographs were not excluded under paragraph 68(c) as they were operational records, not the artifacts themselves. Furthermore, Ingenium failed to demonstrate that the disclosure of the photographs would cause a reasonable expectation of harm to federal-provincial affairs under section 14. The Commissioner also considered, but ultimately dismissed, arguments related to Quebec's privacy legislation and the Charter of Human Rights and Freedoms, noting that Charter rights do not apply to the deceased and the photographs were not objectively offensive. The complaint was found to be well-founded, and Ingenium was ordered to disclose the records.
- 1Whether s.14 ATIA (federal-provincial affairs) was properly applied to withhold photographs
- 2Whether s.16(1)(c) ATIA (conduct of investigations) was properly applied to withhold information
- 3Whether s.18(b) ATIA (competitive position of government institutions or negotiations by government institutions) was properly applied to withhold information
- 4Whether s.18(d) ATIA (government financial interests) was properly applied to withhold information
- 5Whether s.19(1) ATIA (personal information) was properly applied to withhold signatures
- 6Whether s.68(c) ATIA (material placed by others in certain institutions) excluded photographs from the Act
- 7Whether the photographs constituted 'material placed by others' under s.68(c)
- 8Whether disclosure of the photographs could reasonably be expected to harm the conduct of federal-provincial affairs under s.14
- 9Whether Quebec's privacy legislation or the Charter of Human Rights and Freedoms justified withholding the information under the ATIA
- s.14 federal-provincial affairs: Exemption not upheld
- s.68(c) exclusion: Exclusion not upheld
- Quebec privacy legislation: Arguments dismissed
- Charter of Human Rights: Arguments dismissed
- Disclosure of records: Records ordered disclosed
Complaint well founded — disclosure ordered
Ingenium failed to demonstrate that the photographs were excluded under s.68(c) or that their disclosure would cause a reasonable expectation of harm to federal-provincial affairs under s.14. Arguments based on Quebec's privacy legislation and the Charter were also rejected as not applicable or insufficient to override the right of access under the ATIA.
The Director of the National Museum of Science and Technology is ordered to disclose the records.
- s.14 ATIA
- s.16(1)(c) ATIA
- s.18(b) ATIA
- s.18(d) ATIA
- s.19(1) ATIA
- s.68(c) ATIA
- s.30(1)(a) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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