Library and Archives Canada (Re), 2026 OIC 47

The complainant alleged that Library and Archives Canada (LAC) improperly withheld information under section 23 (solicitor-client privilege) of the Access to Information Act. The request sought documents related to the appointment of an administrator for a Lieutenant Governor. While the Commissioner found that the information met the requirements for solicitor-client privilege, LAC's initial exercise of discretion not to release the 93-year-old record was deemed unreasonable. LAC had a policy to release such records if over 100 years old, but failed to consider other relevant factors like the content, context, and the fact that involved individuals were long deceased. During the investigation, LAC re-exercised its discretion, considering these factors, and subsequently released all the information. The complaint was found to be well-founded due to the initial unreasonable exercise of discretion, but no order was necessary as the information was ultimately disclosed.