5823-01760 — Crown-Indigenous Relations and Northern Affairs Canada
The complainant alleged that Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) did not conduct a reasonable search for records related to the funding and fiscal management of the Assembly of First Nations from the Deputy Minister's Office. The investigation revealed deficiencies in CIRNAC's search efforts, indicating that not all likely locations for records were searched. The Information Commissioner found the complaint well-founded and ordered CIRNAC to conduct a new search and provide a response to the complainant.
- Definition of a reasonable search
- Completeness of search efforts across different sectors
- Accessibility of records due to system changes
- Evidence of record existence despite limited disclosure
Complaint well founded — new search ordered
The Information Commissioner determined that Crown-Indigenous Relations and Northern Affairs Canada's search for records was not reasonable because certain sectors that likely held responsive records were not consulted, explanations for limited record accessibility were insufficient, and the number of records disclosed seemed implausibly low given the Deputy Minister's involvement.
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The Commissioner ordered the Minister of Crown-Indigenous Relations to conduct a new search for records responsive to the access request, provide a new response to the complainant, and grant access to any additional responsive records found, unless exemptions apply.
- s.30(1)(a) ATIA
This decision is for informational purposes only and does not constitute legal advice.