
Global Affairs Canada, (Re), 2026 OIC 53
The complainant alleged that Global Affairs Canada (Global Affairs) improperly withheld information under subsections 13(1) and 15(1) of the Access to Information Act concerning consultations on military operations. During the investigation, Global Affairs made a supplementary disclosure but continued to withhold certain portions. The OIC found that Global Affairs failed to demonstrate that all requirements for the claimed exemptions were met and did not reasonably exercise its discretion regarding disclosure. Specifically, the OIC determined that much of the information was not foreign-sourced as required by s.13(1) and that Global Affairs did not adequately justify the harm required for s.15(1), especially given prior disclosures of similar information. The Commissioner informed Global Affairs of her intention to order disclosure and re-exercise of discretion. Global Affairs subsequently released all previously withheld information, rendering a formal order unnecessary. The complaint was found to be well founded.
- 1Whether the information was obtained in confidence from a specified government body under s.13(1)
- 2Whether Global Affairs reasonably exercised its discretion to disclose information under s.13(2)
- 3Whether disclosure could reasonably be expected to harm international affairs, national security, or defence under s.15(1)
- 4Whether Global Affairs reasonably exercised its discretion to disclose information under s.15(2)
- Application of s. 13(1): Exemption not justified
- Application of s. 15(1): Exemption not justified
- Discretion to disclose: Discretion not reasonably exercised
- Disclosure of records: All previously withheld information released
- Complaint outcome: Well founded
Complaint well founded — all previously withheld information released
Global Affairs failed to demonstrate that the withheld information met the requirements of subsections 13(1) and 15(1) and did not reasonably exercise its discretion to disclose the information, particularly given the public availability of similar information and prior disclosures. The institution ultimately released all information, confirming the impropriety of the initial withholding.
Global Affairs Canada released all previously withheld information, making a formal order unnecessary.
- s.13(1) ATIA
- s.13(2) ATIA
- s.15(1) ATIA
- s.15(2) ATIA
- s.30(1)(a) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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