5823-00326 — Crown-Indigenous Relations and Northern Affairs Canada
The complainant requested an agreement and land claim settlement signed in 2000 between the federal government and the Squamish band from Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC). CIRNAC withheld information under paragraphs 20(1)(b), 20(1)(c), and section 23 of the Access to Information Act. The Information Commissioner found that neither CIRNAC nor the third party (Squamish Nation) demonstrated that the exemptions applied. The Commissioner ordered CIRNAC to disclose the records in their entirety, but CIRNAC indicated they would not be disclosing them.
- Application of paragraph 20(1)(b) (confidential third party financial, commercial, scientific or technical information)
- Application of paragraph 20(1)(c) (financial impact on a third party)
- Application of section 23 (solicitor-client and litigation privilege)
- Burden of proof on institution and third party to demonstrate exemptions
Complaint well founded — disclosure ordered
The institution and the third party failed to provide sufficient evidence to demonstrate that the withheld information met the requirements for exemption under paragraphs 20(1)(b), 20(1)(c), or section 23 of the Access to Information Act. Specifically, they did not show a clear connection between disclosure and harm, a reasonable expectation of interference with negotiations, or that privilege applied.
AI-generated summary for reference only. Always verify against the official decision ↗
The Commissioner ordered Crown-Indigenous Relations and Northern Affairs Canada to disclose the records in their entirety.
- s.20(1)(b) ATIA
- s.20(1)(c) ATIA
- s.23 ATIA
- s.30(1)(a) ATIA
This is an informational summary only and not legal advice.