Canadian Privacy Decisions

The complainant alleged that Indigenous Services Canada improperly withheld a settlement agreement with the Squamish Nation and related documents. The institution claimed exemptions related to financial impact on a third party, interference with negotiations, and solicitor-client/litigation privilege. The Information Commissioner found that the institution failed to demonstrate that these exemptions applied, noting that much of the information was already public and that claims of harm were speculative. The Commissioner ordered the disclosure of the records, but the institution later stated it would not comply.

• Whether the settlement agreement and related records were properly withheld under paragraph 20(1)(c) (financial impact on a third party).
• Whether the settlement agreement and related records were properly withheld under paragraph 20(1)(d) (interference with negotiations).
• Whether the settlement agreement and related records were properly withheld under section 23 (solicitor-client and litigation privilege).
• The institution's refusal to comply with the Commissioner's disclosure order.