Department of Justice Canada (Re), 2026 OIC 39
The complainant requested a specific "Final report: Mandatory Minimum Penalties. Recommendations to the Minister of Justice and Attorney General of Canada. Expert Panel on Sentencing Reform." The Department of Justice Canada claimed the report was exempt under section 14 (federal-provincial affairs) and paragraph 21(1)(a) (advice or recommendations) of the Access to Information Act. The Information Commissioner found that the Department failed to demonstrate how disclosure would harm federal-provincial affairs and that the report's authors did not meet the criteria for internal advisors under paragraph 21(1)(a) due to subsection 21(2)(b). Consequently, the Commissioner ordered the Department to disclose the records in full.
- 1Applicability of section 14 (federal-provincial affairs)
- 2Applicability of paragraph 21(1)(a) (advice or recommendations)
- 3Interpretation of subsection 21(2)(b) regarding external consultants
- 4Burden of proof on the institution to demonstrate harm from disclosure
Complaint well founded — disclosure ordered
The Commissioner found that the Department of Justice Canada failed to provide sufficient evidence to demonstrate that disclosure of the report could reasonably be expected to harm the conduct of federal-provincial affairs. Furthermore, the Commissioner determined that the report was prepared by external consultants who did not qualify as directors, officers, employees of the institution, or members of a minister's staff, thus prohibiting the Department from withholding the information under paragraph 21(1)(a) due to subsection 21(2)(b).
The Department of Justice Canada was ordered to disclose the records in their entirety.
- s.14 ATIA
- s.21(1)(a) ATIA
- s.21(2)(b) ATIA
- s.30(1)(a) ATIA
This is an informational summary and not legal advice.
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