5822-04499 — Indigenous Services Canada
The complainant alleged that Indigenous Services Canada improperly withheld a settlement agreement with the Squamish Nation and related documents. The institution claimed exemptions related to financial impact on a third party, interference with negotiations, and solicitor-client/litigation privilege. The Information Commissioner found that the institution failed to demonstrate that these exemptions applied, noting that much of the information was already public and that claims of harm were speculative. The Commissioner ordered the disclosure of the records, but the institution later stated it would not comply.
- Whether the settlement agreement and related records were properly withheld under paragraph 20(1)(c) (financial impact on a third party).
- Whether the settlement agreement and related records were properly withheld under paragraph 20(1)(d) (interference with negotiations).
- Whether the settlement agreement and related records were properly withheld under section 23 (solicitor-client and litigation privilege).
- The institution's refusal to comply with the Commissioner's disclosure order.
Complaint well founded — disclosure ordered; Institution refused to comply with order
The Commissioner determined that Indigenous Services Canada and the third party (Squamish Nation) did not provide sufficient evidence to support the application of the claimed exemptions. The claims of financial harm and interference with negotiations were found to be speculative, and the assertion of solicitor-client and litigation privilege was not substantiated, particularly given the public nature of some information and the nature of a settlement agreement.
AI-generated summary for reference only. Always verify against the official decision ↗
The Commissioner ordered Indigenous Services Canada to disclose the records in their entirety.
- s.20(1)(c) ATIA
- s.20(1)(d) ATIA
- s.23 ATIA
- s.30(1)(a) ATIA
- s.35 ATIA
- s.36.3(1) ATIA
- s.37(2) ATIA
This is an informational summary only and does not constitute legal advice.