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Federal (Canada)Access to Information ActWell-founded

5819-04297 — Royal Canadian Mounted Police

Organization: Royal Canadian Mounted PoliceComplainant: Anonymous applicant
BookmarkView Governing Law
Plain-language brief

The complainant alleged that the Royal Canadian Mounted Police (RCMP) improperly withheld information related to applications for legal funding at public expense, including records concerning British Columbia's Braidwood Commission on the death of Robert Dziekanski. The RCMP claimed various exemptions under the Access to Information Act. The Information Commissioner found that the RCMP improperly withheld information under paragraphs 13(1)(a) and (c), section 14, subsection 15(1), and section 23, specifically rejecting the RCMP's claims of solicitor-client, litigation, and common interest privilege for certain letters. The Commissioner also concluded that the RCMP failed to take reasonable steps to seek consent from the B.C. government for information qualifying under subsection 13(1), as required by subsection 13(2). However, the Commissioner upheld the application of subsection 19(1) and paragraph 21(1)(a) for other information, finding the RCMP's exercise of discretion reasonable in those instances. Consequently, the complaint was found to be well founded. The Commissioner ordered the RCMP to disclose the improperly withheld information and to seek consent from the B.C. government for other records before exercising discretion on their release. The RCMP gave notice that it would not fully implement these orders.

Key issues
  1. 1Whether the information met the requirements of subsection 19(1) ATIA
  2. 2Whether the RCMP reasonably exercised its discretion under subsection 19(2) ATIA
  3. 3Whether the information met the requirements of section 23 ATIA regarding solicitor-client privilege
  4. 4Whether the information met the requirements of section 23 ATIA regarding litigation privilege
  5. 5Whether common interest privilege applied to letters from legal counsel to the Braidwood Commission
  6. 6Whether the RCMP reasonably exercised its discretion under section 23 ATIA
  7. 7Whether the information met the requirements of paragraph 13(1)(a) ATIA
  8. 8Whether the information met the requirements of paragraph 13(1)(c) ATIA
  9. 9Whether the information met the requirements of paragraph 13(1)(d) ATIA
  10. 10Whether the RCMP reasonably exercised its discretion to seek consent under subsection 13(2) ATIA
  11. 11Whether the information met the requirements of section 14 ATIA
  12. 12Whether the information met the requirements of subsection 15(1) ATIA
  13. 13Whether the information met the requirements of paragraph 21(1)(a) ATIA
  14. 14Whether the RCMP reasonably exercised its discretion under paragraph 21(1)(a) ATIA
Outcome breakdownFavours: Both, in part
  • s.13(1)(a) and (c): Exemption not upheld
  • s.14 personal privacy: Exemption not upheld
  • s.15(1) international affairs: Exemption not upheld
  • s.23 solicitor-client privilege: Exemption not upheld
  • s.13(2) consultation: Institution failed to consult
  • s.19(1) personal information: Exemption upheld
  • s.21(1)(a) advice: Exemption upheld
Outcome

Complaint well founded — disclosure ordered

Reasoning

The RCMP improperly withheld information under several exemptions, failing to demonstrate that the exemptions applied or to reasonably exercise discretion in seeking consent for disclosure.

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Decision notes
Recommended action / remedy

The Commissioner ordered the RCMP to disclose specific information that was improperly withheld and to take reasonable steps to seek consent from the British Columbia government for other information, then exercise discretion regarding its disclosure.

Statutes considered
  • s.30(1)(a) ATIA
  • s.13(1)(a) ATIA
  • s.13(1)(c) ATIA
  • s.13(1)(d) ATIA
  • s.13(2) ATIA
  • s.14 ATIA
  • s.15(1) ATIA
  • s.16(2) ATIA
  • s.19(1) ATIA
  • s.19(2) ATIA
  • s.21(1)(a) ATIA
  • s.21(1)(b) ATIA
  • s.23 ATIA
  • s.43 ATIA

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

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