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Federal (Canada)Access to Information ActWell-founded

3217-00062 — Privy Council Office

Organization: Privy Council OfficeComplainant: Anonymous applicant
BookmarkView Governing Law
Plain-language brief

The complainant alleged that the Privy Council Office (PCO) improperly withheld information under subsections 13(1) and 15(1) of the Access to Information Act in response to a request for Minutes of the Joint Intelligence Committee from 1959. During the investigation, PCO agreed to disclose most of the previously withheld information, but maintained exemptions for specific categories, including names and titles of Liaison Officers, information on visits of Intelligence Community members, dissemination markings, names of CSE employees, and certain intelligence report titles. The Commissioner found that PCO failed to provide sufficient evidence to support the application of either subsection 13(1) or 15(1) for the remaining withheld information, noting that similar information had been publicly disclosed by Canada and allied countries without apparent harm. The Commissioner recommended that PCO disclose the records in their entirety, with the exception of the names of Liaison Officers from other allied countries (which the complainant did not object to redacting). PCO notified the Commissioner that it would not implement the recommendations, stating that while a high percentage of information would be released, further consultations were needed. Consequently, the complaint was found to be well founded.

Key issues
  1. 1Whether information was obtained in confidence from a government body under s.13(1) ATIA
  2. 2Whether titles of Liaison Officers from other countries were obtained in confidence under s.13(1) ATIA
  3. 3Whether information regarding visits of Intelligence Community members from other countries was obtained in confidence under s.13(1) ATIA
  4. 4Whether disclosure could reasonably be expected to harm international affairs, national security, or defence under s.15(1) ATIA
  5. 5Whether disclosure of titles of Liaison Officers from other countries could reasonably be expected to harm international affairs, national security, or defence under s.15(1) ATIA
  6. 6Whether disclosure of distribution markings of classified reports could reasonably be expected to harm international affairs, national security, or defence under s.15(1) ATIA
  7. 7Whether disclosure of names of CSE employees could reasonably be expected to harm international affairs, national security, or defence under s.15(1) ATIA
  8. 8Whether disclosure of certain intelligence report titles could reasonably be expected to harm international affairs, national security, or defence under s.15(1) ATIA
Outcome breakdownFavours: Applicant / complainant
  • Application of s. 13(1): Exemption not justified
  • Application of s. 15(1): Exemption not justified
  • Disclosure of records: Records ordered disclosed (with minor redactions)
  • Complaint outcome: Complaint well founded
Outcome

Complaint well founded — disclosure ordered, but institution refused to comply

Reasoning

The Commissioner found that PCO did not provide sufficient evidence to demonstrate that the withheld information met the requirements of subsections 13(1) or 15(1), particularly given previous public disclosures of similar information by Canada and its allies without apparent harm. PCO's arguments for harm were deemed speculative and not meeting the 'reasonable expectation of probable harm' threshold.

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Decision notes
Recommended action / remedy

The Commissioner recommended that the Privy Council Office disclose the records in their entirety, with the exception of the names of Liaison Officers from other allied countries, and provide a new response within 60 business days.

Statutes considered
  • s.13(1) ATIA
  • s.15(1) ATIA
  • s.30(1)(a) ATIA

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

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