Federal (Canada)Access to Information ActWell-founded

5819-05387 — National Defence

Organization: National DefenceComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that National Defence (DND) failed to conduct a reasonable search for records in response to an access request for all finished intelligence assessments produced by J2 Director Strategic Intelligence (J2 DSI) concerning Iraq between January 1, 2000, and December 31, 2003. The OIC investigation found that DND's Offices of Primary Interest did not retrieve all relevant records during the initial search and DND failed to provide representations on the reasonableness of its search despite multiple requests. The OIC concluded that DND did not conduct a reasonable search. The OIC ordered DND to conduct a secondary search, which located three additional records. DND agreed to implement the order and provide a new response to the complainant.

Key issues
  1. 1Whether National Defence conducted a reasonable search for records responsive to the access request
Outcome breakdownFavours: Applicant / complainant
  • Adequacy of search: Search found unreasonable
  • Search order implementation: Additional records located
Outcome

Complaint well founded — disclosure ordered

Reasoning

National Defence failed to provide representations on the reasonableness of its search despite multiple requests, and the investigation determined that the initial search did not retrieve all relevant records, leading to the conclusion that a reasonable search was not conducted.

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Decision notes
Recommended action / remedy

The Minister of National Defence was ordered to complete the retrieval of all responsive records, including conducting a secondary search, process any additional records located, and provide a new response to the access request within 36 business days.

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

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

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