Canadian privacy & access decisions

The complainant alleged that Indigenous Services Canada (ISC) improperly withheld information related to a 2000 settlement agreement between the Crown and the Squamish Nation, including maps and appendices, under paragraphs 20(1)(c), 20(1)(d), and section 23 of the Access to Information Act. The OIC investigated, seeking representations from both ISC and the Squamish Nation. Neither party provided sufficient evidence to demonstrate a clear and direct connection between the disclosure of specific information and a reasonable expectation of harm under the claimed exemptions. The Commissioner found that much of the information was already in the public domain and that the arguments for financial impact, interference with negotiations, or the application of solicitor-client/litigation privilege were speculative or unfounded. Consequently, the Commissioner ordered ISC to disclose the records in their entirety. ISC, however, notified the Commissioner that it would not implement the order, citing potential negative impacts on its relationship with the Squamish Nation and other Indigenous Peoples.

• Whether s.20(1)(c) financial impact on a third party was reasonably expected
• Whether s.20(1)(d) interference with third-party negotiations was reasonably expected
• Whether s.23 solicitor-client privilege applied to the settlement agreement
• Whether s.23 litigation privilege applied to the settlement agreement
• Whether the information was already in the public domain

The complainant alleged that Employment and Social Development Canada (ESDC) failed to respond to an access request within the statutory 30-day period and improperly requested additional clarifications. The request sought information on ESDC's work since 2014 in grants and contributions for workplace opportunities and equity, and selected funding concepts. The OIC found that the original request provided sufficient detail for an experienced employee to identify records with reasonable effort, and ESDC's repeated requests for clarification were not justified under section 6 of the Act. These interactions contributed to the delay. Since ESDC did not extend the response period, the deadline was July 3, 2023, which was missed, leading to a deemed refusal. The OIC concluded that the complaints were well founded and ordered ESDC to provide a complete response by August 30, 2024. ESDC agreed to implement the order.

• Whether Employment and Social Development Canada responded to the access request within the legislated 30-day period
• Whether Employment and Social Development Canada improperly requested additional clarifications to process the access request
• Whether the access request provided sufficient detail for an experienced employee to identify records with a reasonable effort under section 6 ATIA
• Whether Employment and Social Development Canada was justified in putting the request on hold due to clarification requests
• Whether Employment and Social Development Canada met its obligation to respond within the time limits set out in section 7 ATIA