Federal (Canada)Access to Information ActWell-founded

5823-01873 — Indigenous Services Canada

Organization: Indigenous Services CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Indigenous Services Canada (ISC) failed to conduct a reasonable search for records in response to an access request for entries in the Service Administration Log, including incident notes, for suicide occurrence forms and medevac data entries related to suicide, substance use, or mental health from January 1, 2019, to July 7, 2020. Initially, ISC stated no records were located. However, during the OIC's investigation, ISC informed the OIC that 3,286 pages of responsive records were received by its access to information unit after the initial response had been sent to the requester. The Information Commissioner concluded that ISC did not initially conduct a reasonable search. The complaint was found to be well founded, and the Commissioner ordered ISC to provide a new response to the complainant by May 31, 2025, granting access to responsive records unless specific exemptions apply. ISC agreed to implement the order.

Key issues
  1. 1Whether Indigenous Services Canada conducted a reasonable search for records in response to the access request
Outcome breakdownFavours: Applicant / complainant
  • Adequacy of search: Search found unreasonable
  • Complaint outcome: Complaint well founded
  • Remedy: New response ordered
  • Compliance: Institution agreed to implement order
Outcome

Complaint well founded — disclosure ordered

Reasoning

Indigenous Services Canada failed to conduct a reasonable search, as evidenced by the discovery of 3,286 pages of responsive records after the initial response to the requester, indicating that the initial search efforts were insufficient to locate all relevant documents.

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Decision notes
Recommended action / remedy

The Minister of Indigenous Services Canada was ordered to provide a new response to the complainant by May 31, 2025, granting access to responsive records unless specific provisions of Part 1 of the Act apply.

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

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

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