5819-02883 — Environment and Climate Change Canada
The complainant alleged that Environment and Climate Change Canada (ECCC) improperly withheld records related to Taseko Mines Limited’s New Prosperity Project under several exemptions in the Access to Information Act. The Information Commissioner found that ECCC failed to demonstrate that information withheld under paragraphs 20(1)(d) (negotiations by a third party), 21(1)(a) (advice or recommendations), and 21(1)(b) (accounts of consultations or deliberations) met the exemption criteria, and that certain information claimed under section 23 (solicitor-client privilege) did not qualify. ECCC has agreed to comply with the order to disclose the specified information. The complaint was found to be well founded.
- Whether information withheld under paragraph 20(1)(d) interfered with third-party negotiations
- Whether information withheld under paragraph 21(1)(a) constituted advice or recommendations
- Whether information withheld under paragraph 21(1)(b) constituted accounts of consultations or deliberations
- Whether information withheld under section 23 met the criteria for solicitor-client or litigation privilege
Complaint well founded — disclosure ordered
The Commissioner found that the institution failed to demonstrate that the requirements of paragraphs 20(1)(d), 21(1)(a), 21(1)(b), and section 23 were met for certain information. For information claimed under section 23, the Commissioner found that some of it did not constitute legal advice or litigation privilege. For other exemptions, the institution's justifications were found to be speculative or unsupported.
AI-generated summary for reference only. Always verify against the official decision ↗
The Commissioner ordered the disclosure of specific information withheld under paragraphs 20(1)(d), 21(1)(a), 21(1)(b), and section 23 of the Act, with certain exceptions.
- s.16(2) ATIA
- s.19(1) ATIA
- s.20(1)(d) ATIA
- s.21(1)(a) ATIA
- s.21(1)(b) ATIA
- s.23 ATIA
- s.30(1)(a) ATIA
This is a summary for informational purposes only and does not constitute legal advice.