BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/Department of Justice Canada (Re), 2024 OIC 53
Office of the Information Commissioner of CanadaAccess to Information Act5822-03179Well-founded
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Department of Justice Canada (Re), 2024 OIC 53

Organization: Department of Justice Canada
Decision: Aug 6, 2024Published: Aug 6, 2024

The complainant alleged that the Department of Justice Canada (Justice) failed to respond to an access request within the statutory time limit. The complainant also alleged that Justice improperly placed the request on hold and failed to meet its obligations to assist the requester. The Commissioner found that Justice improperly placed the request on hold and failed to assist the complainant. Justice also failed to respond within the time limit, leading to a deemed refusal. The Commissioner ordered Justice to remove the hold, provide a complete response by May 17, 2029, and provide regular updates and interim releases.

  • Failure to respond within the statutory time limit (s. 7 ATIA)
  • Improperly placing an access request on hold
  • Failure to meet obligations to assist the requester (s. 4(2.1) ATIA)
  • Deemed refusal of access (s. 10(3) ATIA)

Complaint well founded — disclosure ordered

The Commissioner found that the Department of Justice Canada improperly placed the access request on hold, failed to meet its obligations to assist the requester, and did not respond within the statutory time limit, resulting in a deemed refusal of access. The institution has agreed to implement the Commissioner's orders.

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Recommended action / remedy

The Commissioner ordered the Department of Justice Canada to remove any hold on the request, provide a complete response by May 17, 2029, provide six-month progress updates, and provide interim releases where possible.

Statutory provisions cited
  • s. 7 ATIA
  • s. 4(2.1) ATIA
  • s. 10(3) ATIA
  • s. 9(1) ATIA
  • s. 6 ATIA

This is an informational summary and not legal advice.