Crown-Indigenous Relations and Northern Affairs Canada (Re), 2026 OIC 11
The complainant alleged that Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) improperly withheld records related to a 2000 settlement agreement with the Squamish Nation. CIRNAC claimed exemptions under paragraphs 20(1)(b), 20(1)(c), 20(1)(d), and section 23 of the Access to Information Act. The Information Commissioner found that neither CIRNAC nor the Squamish Nation provided sufficient evidence to justify withholding the information under these exemptions. The Commissioner ordered CIRNAC to disclose the records in their entirety, but CIRNAC indicated it would not comply.
- Applicability of exemptions for confidential third-party financial/commercial/scientific/technical information (s. 20(1)(b))
- Applicability of exemptions for financial impact on a third party (s. 20(1)(c))
- Applicability of exemptions for negotiations by a third party (s. 20(1)(d))
- Applicability of solicitor-client and litigation privilege (s. 23)
Complaint well founded — disclosure ordered
The Commissioner found that the institution and the third party failed to demonstrate that the withheld information met the requirements of the claimed exemptions, particularly regarding the need for a clear and direct link between disclosure and a risk of harm, interference with negotiations, or applicability of privilege. The Commissioner concluded that the information did not meet the criteria for exemption.
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The Commissioner ordered the Minister of Crown-Indigenous Relations to disclose the records in their entirety.
- s.20(1)(b) ATIA
- s.20(1)(c) ATIA
- s.20(1)(d) ATIA
- s.23 ATIA
- s.18(b) ATIA
- s.37(1)(a) ATIA
This decision is informational only and does not constitute legal advice.