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Federal (Canada)Access to Information ActWell-founded

Crown-Indigenous Relations and Northern Affairs Canada (Re), 2026 OIC 11

Organization: Crown-Indigenous Relations and Northern Affairs CanadaComplainant: Anonymous applicant
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Plain-language brief

An anonymous applicant complained that Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) improperly withheld a 2000 land claim settlement agreement with the Squamish Nation. CIRNAC initially claimed exemptions under paragraphs 20(1)(b), 20(1)(c), and section 23 of the Access to Information Act, later adding paragraphs 18(b) and 20(1)(d) during the investigation. The Information Commissioner found that CIRNAC failed to demonstrate how any of the claimed exemptions applied to the records. Specifically, the institution did not establish a reasonable expectation of harm for the harms-based exemptions, nor did it meet all criteria for the class-based exemption. The Commissioner also rejected the argument that common law settlement privilege could be a stand-alone basis for refusal under the Act. Consequently, the complaint was found to be well-founded, and CIRNAC was ordered to disclose the records in their entirety. However, CIRNAC notified the Commissioner that it would not implement the order.

Key issues
  1. 1Whether the information met the requirements of s.18(b) (competitive position or negotiations of a government institution)
  2. 2Whether the circumstances for exercising discretion under s.18(b) existed
  3. 3Whether the information met the requirements of s.20(1)(b) (confidential third-party financial, commercial, scientific or technical information)
  4. 4Whether the circumstances for exercising discretion under s.20(1)(b) existed
  5. 5Whether the information met the requirements of s.20(1)(c) (material financial impact on a third party or harm to its competitive position)
  6. 6Whether the circumstances for exercising discretion under s.20(1)(c) existed
  7. 7Whether the information met the requirements of s.20(1)(d) (interference with contractual or other negotiations of a third party)
  8. 8Whether the circumstances for exercising discretion under s.20(1)(d) existed
  9. 9Whether the information met the requirements of s.23 (solicitor-client or litigation privilege)
  10. 10Whether the circumstances for exercising discretion under s.23 existed
  11. 11Whether common law settlement privilege can be invoked as a stand-alone basis for refusing disclosure under the Access to Information Act
  12. 12Whether the public interest in access outweighed the public interest in preserving settlement privilege
  13. 13Whether CIRNAC fulfilled its severance obligations under s.25 of the Act
Outcome breakdownFavours: Applicant / complainant
  • Application of s.20(1)(b): Exemption not upheld
  • Application of s.20(1)(c): Exemption not upheld
  • Application of s.23: Exemption not upheld
  • Application of s.18(b): Exemption not upheld
  • Application of s.20(1)(d): Exemption not upheld
  • Settlement privilege: Not a basis for refusal
  • Disclosure of records: Records ordered disclosed
Outcome

Complaint well founded — disclosure ordered, institution refused to comply

Reasoning

The Information Commissioner found that Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) failed to justify the application of any of the claimed exemptions (s.18(b), s.20(1)(b), s.20(1)(c), s.20(1)(d), and s.23) to the settlement agreement. CIRNAC did not demonstrate a reasonable expectation of harm for the harms-based exemptions, nor did it meet all the criteria for the class-based exemption. Common law settlement privilege was also deemed not a stand-alone basis for refusal under the Act.

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Decision notes
Recommended action / remedy

The Information Commissioner ordered Crown-Indigenous Relations and Northern Affairs Canada to disclose the records in their entirety.

Statutes considered
  • s.18(b) ATIA
  • s.20(1)(b) ATIA
  • s.20(1)(c) ATIA
  • s.20(1)(d) ATIA
  • s.23 ATIA
  • s.25 ATIA
  • s.30(1)(a) ATIA
  • s.35 ATIA
  • s.36.3(1) ATIA
  • s.43 ATIA

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

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