Canadian Privacy Decisions

The complainant alleged that Environment and Climate Change Canada (ECCC) improperly withheld information related to the Roberts Bank Terminal 2 Project under several sections of the Access to Information Act, including those related to facilitating offences, personal information, third-party commercial information, and advice or deliberations. ECCC initially withheld records under these exemptions, including a scientific manuscript. During the investigation, ECCC agreed to release the manuscript and some other withheld information. The Information Commissioner found the complaint well-founded, ordering ECCC to disclose the manuscript and correct inconsistencies in disclosure.

• Applicability of exemption for facilitating the commission of an offence (s. 16(2) ATIA)
• Applicability of exemption for personal information (s. 19(1) ATIA)
• Applicability of exemption for confidential third-party scientific information (s. 20(1)(b) ATIA)
• Applicability of exemptions for advice and deliberations (ss. 21(1)(a) and 21(1)(b) ATIA)

The complainant alleged that the Department of Justice Canada improperly withheld records related to the Alternate Independent Process for St-Anne’s Residential School hearings. The records were claimed to be exempt under various sections of the Access to Information Act, including solicitor-client and litigation privilege (section 23). The Information Commissioner found that the Department did not adequately establish solicitor-client or litigation privilege for many of the withheld records, particularly those communicated outside the scope of the solicitor-client relationship or involving parties without sufficiently common interests. The Commissioner recommended the disclosure of information not meeting the exemption criteria.

• Applicability of solicitor-client privilege
• Applicability of litigation privilege
• Demonstration of common interest privilege
• Reasonable exercise of discretion to withhold records