Federal (Canada) privacy & access decisions

The complainant alleged that Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) failed to conduct a reasonable search for records related to the Wood Mountain (Lakota) First Nation's land claim from 2000 to 2020. Initially, CIRNAC provided records only from 2017 onwards, claiming no earlier records could be located. The OIC's investigation highlighted the absence of records from key periods, specifically 2009-2012 when the claim was first submitted and rejected, and 2014-2016 when the First Nation filed with the Specific Claims Tribunal. After the OIC's persistent questioning and research, CIRNAC conducted subsequent searches and located additional responsive records. The Information Commissioner concluded that CIRNAC had not conducted a reasonable search and ordered the institution to retrieve and process all newly identified records and issue a new response to the complainant.

• Whether Crown-Indigenous Relations and Northern Affairs Canada conducted a reasonable search for records

A federal institution submitted an application to the Information Commissioner under subsection 6.1(1) of the Access to Information Act, seeking approval to decline to act on an access request. The institution argued that the request constituted an abuse of the right to make a request. The Commissioner reviewed the institution's submission and found that the institution successfully established that the access request was indeed an abuse of the right to make a request. Consequently, the Commissioner determined that the circumstances warranted granting approval for the institution to decline to act on the request. The application was therefore granted, allowing the institution to refuse processing the access request.

• Whether the access request constituted an abuse of the right to make a request under s.6.1(1) ATIA
• Whether the circumstances warrant granting approval for the institution to decline to act on the request

An institution applied to the Information Commissioner under subsection 6.1(1) of the Access to Information Act, seeking approval to decline to act on five access requests. The institution argued that these requests were vexatious and an abuse of the right to make a request. The Commissioner found that the institution successfully demonstrated that two of the five requests (A-2023-00305 and A-2023-00314) constituted an abuse of the right to make a request, and therefore approved the institution's request to decline to act on these two. However, the Commissioner determined that the institution did not establish that the remaining three requests (A-2023-00303, A-2023-00308, and A-2023-00310) were vexatious or an abuse of the right. Consequently, the application was partially granted.

• Whether access request A-2023-00305 is an abuse of the right of access
• Whether access request A-2023-00314 is an abuse of the right of access
• Whether access request A-2023-00303 is vexatious or an abuse of the right of access
• Whether access request A-2023-00308 is vexatious or an abuse of the right of access
• Whether access request A-2023-00310 is vexatious or an abuse of the right of access