Federal (Canada) privacy & access decisions

The complainant alleged that the Royal Canadian Mounted Police (RCMP) improperly withheld information under several exemptions and failed to conduct a reasonable search for records related to the Special Joint Committee on the Declaration of Emergency. During the investigation, the complainant narrowed the exemption allegations to paragraphs 21(1)(a) and (b) for specific pages. The Commissioner found that the RCMP appropriately applied paragraphs 21(1)(a) and (b) to the information on pages 34, 36, and a portion of page 393, and reasonably exercised its discretion. However, the Commissioner concluded that the RCMP did not conduct a reasonable search for records, as it conceded that not all record holders were tasked and not all relevant search terms were used. The complaint was found to be well-founded due to the unreasonable search. The Commissioner ordered the RCMP to conduct a new search and provide a new response, disclosing any newly found records unless a valid exemption applies.

• Whether s.17 (safety of individuals) was properly applied to withhold information
• Whether s.15(1) (national security) was properly applied to withhold information
• Whether s.19(1) (personal information) was properly applied to withhold information
• Whether s.16(2)(c) (facilitating the commission of an offence) was properly applied to withhold information
• Whether s.21(1)(a) (advice or recommendations) was properly applied to withhold information on pages 34, 36, and 393
• Whether the institution reasonably exercised its discretion under s.21(1)(a)
• Whether s.21(1)(b) (accounts of consultations or deliberations) was properly applied to withhold information on page 393
• Whether the institution reasonably exercised its discretion under s.21(1)(b)
• Whether the institution conducted a reasonable search for records

The complainant alleged that the Royal Canadian Mounted Police (RCMP) improperly withheld information under subsections 13(1), 19(1), and section 23 of the Access to Information Act in response to a request for records related to the complainant from late 2000. The Information Commissioner found that while some information was properly withheld under these exemptions, the RCMP improperly applied subsection 13(1) to its own authored emails, which were not 'obtained' from another government body. Furthermore, the Commissioner concluded that the RCMP failed to reasonably seek consent from the government bodies that provided information under subsection 13(1), as required by subsection 13(2). The Commissioner ordered the RCMP to disclose the information that did not meet the requirements of subsection 13(1) and to seek consent for the remaining information falling under subsection 13(1). The RCMP agreed to implement the order, leading to a 'well-founded' finding for the complaint.

• Whether information authored by RCMP members was 'obtained' from an international organization for the purpose of s.13(1)
• Whether information from a municipal policing organization was 'obtained in confidence' for the purpose of s.13(1)
• Whether the RCMP reasonably exercised its discretion under s.13(2) by failing to seek consent from government bodies
• Whether information about identifiable individuals other than the complainant met the requirements of s.19(1)
• Whether the RCMP reasonably exercised its discretion under s.19(2)
• Whether two sentences constituted solicitor-client privileged communication under s.23
• Whether the RCMP reasonably exercised its discretion under s.23