Canadian privacy & access decisions

The complainant requested a land claim settlement agreement signed in 2000 between the federal government and the Squamish band. Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) initially withheld information under paragraphs 20(1)(b), 20(1)(c), and section 23 of the Access to Information Act. During the investigation, CIRNAC dropped its reliance on paragraph 20(1)(b) but continued to claim paragraph 20(1)(c) and section 23. The Information Commissioner found that neither CIRNAC nor the third party (Squamish Nation) provided sufficient evidence to demonstrate a reasonable expectation of harm for paragraph 20(1)(c) or that litigation privilege applied under section 23, particularly as the litigation cited was unrelated and commenced much later than the agreement. The Commissioner ordered CIRNAC to disclose the records in their entirety. CIRNAC notified the Commissioner that it would not implement the order, citing potential adverse impacts on its relationship with the Squamish Nation and its ability to conduct confidential negotiations.

• Whether s.20(1)(b) confidential third party information applied
• Whether s.20(1)(c) financial impact on a third party was reasonably expected
• Whether s.23 solicitor-client and litigation privilege applied
• Whether the information was prepared or gathered for the dominant purpose of litigation
• Whether the cited litigation was related to the settlement agreement for the purpose of litigation privilege
• Whether litigation privilege had expired or was waived