Federal (Canada)Access to Information ActWell-founded

5823-01760 — Crown-Indigenous Relations and Northern Affairs Canada

Organization: Crown-Indigenous Relations and Northern Affairs CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) failed to conduct a reasonable search for records from the Deputy Minister’s Office concerning the funding or fiscal management of the Assembly of First Nations between January 1, 2016, and April 1, 2019. The investigation revealed that CIRNAC's initial search was inadequate, as it did not task all relevant sectors despite internal recommendations and evidence suggesting the existence of more records. Specifically, the Policy and Strategic Direction (PSD) sector and the Audit and Evaluation sector were not initially tasked, even though the Deputy Minister's Office suggested their relevance. Furthermore, CIRNAC did not adequately explain why records from PSD prior to 2017 were inaccessible or why there was a paucity of records despite the Deputy Minister's known involvement in related discussions. The Commissioner concluded that CIRNAC did not conduct a reasonable search and ordered the institution to perform a new search and provide a revised response.

Key issues
  1. 1Whether Crown-Indigenous Relations and Northern Affairs Canada conducted a reasonable search for records from the Deputy Minister’s Office relating to funding or fiscal management of the Assembly of First Nations from January 1, 2016 to April 1, 2019
  2. 2Whether all relevant sectors were tasked in the search
  3. 3Whether the inaccessibility of records prior to 2017 was adequately explained
  4. 4Whether the paucity of located records was reasonable given the Deputy Minister's involvement
Outcome breakdownFavours: Applicant / complainant
  • Adequacy of search: Search found inadequate
  • Further search: New search ordered
  • Revised response: Revised response ordered
Outcome

Complaint well founded — new search and response ordered

Reasoning

The institution failed to conduct a reasonable search by not tasking all relevant sectors, not adequately explaining the inaccessibility of certain records, and providing an implausible explanation for the scarcity of responsive records given the Deputy Minister's known involvement in the subject matter.

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Decision notes
Recommended action / remedy

The Minister of Crown-Indigenous Relations is ordered to conduct a new search for records, provide a new response to the complainant within 36 business days, and give access to any additional responsive records unless a specific provision of the Act applies.

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

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

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