
5822-04248 — Royal Canadian Mounted Police
The complainant alleged that the Royal Canadian Mounted Police (RCMP) improperly withheld information under paragraph 16(1)(a) of the Access to Information Act, concerning investigation reports into the deaths of two individuals. The RCMP demonstrated that the records met the requirements for exemption under s.16(1)(a), as they were created less than 20 years prior, obtained by an investigative body during a lawful investigation into crime detection/suppression and law enforcement. The Commissioner found that the RCMP reasonably exercised its discretion not to disclose the information, having considered relevant factors including investigative integrity and privacy. While acknowledging the RCMP's correct application of the Act, the Commissioner noted a gap in the legislation regarding the disclosure of deceased individuals' personal information for compassionate reasons. The complaint was ultimately found not well founded.
- 1Whether the information was obtained or prepared by an investigative body listed in Schedule I of the Access to Information Regulations
- 2Whether the information was obtained or prepared during a lawful investigation within the authority of the investigative body
- 3Whether the information concerned an investigation related to the detection, prevention or suppression of crime or the enforcement of any law of Canada or a province
- 4Whether the records were created less than 20 years before the access request was made
- 5Whether the institution reasonably exercised its discretion to decide whether to disclose the information
- Application of s.16(1)(a): Exemption upheld
- Discretionary disclosure: Discretion properly exercised
- Complaint outcome: Complaint not well founded
Complaint not well founded
The RCMP successfully demonstrated that the withheld information met all the requirements of paragraph 16(1)(a) of the ATIA and that it reasonably exercised its discretion in deciding not to disclose the information, having considered relevant factors for and against disclosure.
- s.16(1)(a) ATIA
- s.30(1)(a) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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