Federal (Canada)Access to Information ActWell-founded

3215-00887 — Library and Archives Canada

Organization: Library and Archives CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Library and Archives Canada (LAC) improperly withheld information under subsection 15(1) of the Access to Information Act, concerning historical documents related to the defence of the Arctic region. LAC initially made a partial disclosure and later a supplementary disclosure during the investigation, but continued to withhold the majority of the information, citing national security implications. The OIC found that LAC failed to demonstrate how the release of the information, much of which was historical, publicly available, or related to cancelled programs and defunct entities (like the USSR), would reasonably be expected to harm national security or defence. The Commissioner concluded that LAC did not meet the requirements of the exemption, as the alleged harm was not probable but merely a possibility. The complaint was found to be well founded, and LAC agreed to disclose the records in their entirety.

Key issues
  1. 1Whether the disclosure of historical documents regarding Arctic defence could reasonably be expected to harm national security or defence under s.15(1) ATIA
  2. 2Whether the institution demonstrated a reasonable expectation of harm, beyond a mere possibility
  3. 3Whether the public availability of similar information negated the harm claim
  4. 4Whether the historical nature of the information (e.g., cancelled programs, defunct states) impacted the harm claim
  5. 5Whether the institution reasonably exercised its discretion to withhold the information
Outcome breakdownFavours: Applicant / complainant
  • Application of s.15(1): Exemption not justified
  • Harm test: Harm not probable
  • Disclosure of records: Records ordered disclosed
  • Complaint outcome: Complaint well founded
Outcome

Complaint well founded — disclosure ordered

Reasoning

Library and Archives Canada failed to demonstrate a reasonable expectation of harm to national security or defence from the disclosure of historical Arctic defence documents. The Commissioner found that much of the information was already public, related to cancelled programs, or concerned a defunct state (USSR), and LAC did not provide sufficient specific explanations for the alleged harm.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Recommended action / remedy

The Information Commissioner recommended that Library and Archives Canada disclose the responsive records in their entirety.

Statutes considered
  • s.15(1) ATIA
  • s.30(1)(a) ATIA
  • s.37(4) ATIA
  • s.43 ATIA

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

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