5822-07254 — Library and Archives Canada
The complainant alleged that Library and Archives Canada (LAC) improperly withheld records concerning NORAD intelligence from 1958-1963, citing exemptions related to confidential information from government bodies and international affairs. During the investigation, LAC made two supplementary releases. The OIC found that while NORAD qualified as an international organization of states for the purpose of exemption 13(1)(b), not all the information LAC initially withheld met the exemption criteria. However, an order was deemed unnecessary as LAC had released further information and the remaining withheld records met the exemption requirements.
- Whether NORAD qualifies as an 'international organization of states' under subsection 13(1)(b) of the ATIA.
- Whether the withheld information was obtained in confidence from NORAD.
- Whether LAC properly applied exemptions under subsection 13(1) and subsection 15(1) of the ATIA.
- Whether LAC reasonably exercised its discretion to withhold information under subsection 13(2).
Complaint well founded — no order issued
The OIC determined that while LAC correctly identified NORAD as an international organization and that the information was obtained in confidence, LAC did not properly apply the exemptions to all withheld records. However, given the subsequent disclosures and that the remaining withheld information met the exemption criteria, a formal order was not necessary.
AI-generated summary for reference only. Always verify against the official decision ↗
No order was issued because Library and Archives Canada subsequently disclosed information and the remaining withheld information met the requirements of subsection 13(1).
- s.13 ATIA
- s.15 ATIA
- s.13(1)(b) ATIA
- s.13(2) ATIA
This is an informational summary and not legal advice.