Federal (Canada)Access to Information ActWell-founded

Indigenous Services Canada (Re), 2026 OIC 30

Organization: Indigenous Services CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Indigenous Services Canada (ISC) failed to conduct a reasonable search for records related to a video posted on Facebook. The request specifically excluded draft copies, media articles, and French records where English equivalents existed. During the investigation, it was discovered that ISC's Communications and Public Affairs unit had removed records deemed to be drafts, including logistics, filming arrangements, and approvals, based on their interpretation of the exclusion criteria. This led to an incomplete initial search. Following the OIC's intervention, ISC located an additional 1,087 pages of records. The Commissioner found that while the appropriate offices were tasked, the initial removal of records based on an incorrect interpretation of "drafts" rendered the search unreasonable. The complaint was found to be well-founded, and ISC was ordered to process the newly found records and provide a supplementary response.

Key issues
  1. 1Whether Indigenous Services Canada conducted a reasonable search for records
  2. 2Whether the institution's interpretation of 'draft copies' exclusion was appropriate
Outcome breakdownFavours: Applicant / complainant
  • Adequacy of search: Search found unreasonable due to misinterpretation of exclusion criteria
  • Processing of records: Institution ordered to process newly found records
  • Supplementary response: Institution ordered to provide supplementary response
Outcome

Complaint well founded — disclosure ordered

Reasoning

The initial search was not reasonable because Indigenous Services Canada's Communications and Public Affairs unit improperly excluded records it deemed to be drafts, which included relevant planning and approval documents. Although the institution subsequently located additional records, the original search was flawed.

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Decision notes
Recommended action / remedy

The Minister of Indigenous Services is ordered to process all additional pages of records located and provide a supplementary response to the access request within 36 business days, granting access to any additional responsive records unless a specific provision of the Act applies.

Statutes considered
  • s.30(1)(a) ATIA

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

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