5823-03607 — Royal Canadian Mounted Police
The complainant alleged that the Royal Canadian Mounted Police (RCMP) improperly withheld information under several exemptions and failed to conduct a reasonable search for records related to the Special Joint Committee on the Declaration of Emergency. During the investigation, the complainant narrowed the exemption allegations to paragraphs 21(1)(a) and (b) for specific pages. The Commissioner found that the RCMP appropriately applied paragraphs 21(1)(a) and (b) to the information on pages 34, 36, and a portion of page 393, and reasonably exercised its discretion. However, the Commissioner concluded that the RCMP did not conduct a reasonable search for records, as it conceded that not all record holders were tasked and not all relevant search terms were used. The complaint was found to be well-founded due to the unreasonable search. The Commissioner ordered the RCMP to conduct a new search and provide a new response, disclosing any newly found records unless a valid exemption applies.
- 1Whether s.17 (safety of individuals) was properly applied to withhold information
- 2Whether s.15(1) (national security) was properly applied to withhold information
- 3Whether s.19(1) (personal information) was properly applied to withhold information
- 4Whether s.16(2)(c) (facilitating the commission of an offence) was properly applied to withhold information
- 5Whether s.21(1)(a) (advice or recommendations) was properly applied to withhold information on pages 34, 36, and 393
- 6Whether the institution reasonably exercised its discretion under s.21(1)(a)
- 7Whether s.21(1)(b) (accounts of consultations or deliberations) was properly applied to withhold information on page 393
- 8Whether the institution reasonably exercised its discretion under s.21(1)(b)
- 9Whether the institution conducted a reasonable search for records
- s.21(1)(a) exemption: Exemption upheld
- s.21(1)(b) exemption: Exemption upheld
- Adequacy of search: Search found unreasonable
- New search ordered: New search ordered
Complaint well founded — new search and disclosure ordered
The RCMP failed to conduct a reasonable search for records by not tasking all record holders and not using all relevant search terms. While the application of exemptions under s.21(1)(a) and (b) was upheld for the specific pages reviewed, the overall complaint was well-founded due to the inadequate search.
The Minister of Public Safety and Emergency Preparedness is ordered to provide a new response to the complainant and give access to any records located by additional searches, unless access may be refused under a specific provision(s) of the Act.
- s.17 ATIA
- s.15(1) ATIA
- s.19(1) ATIA
- s.16(2)(c) ATIA
- s.21(1)(a) ATIA
- s.21(1)(b) ATIA
- s.30(1)(a) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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