Canadian privacy & access decisions

The complainant alleged that the Royal Canadian Mounted Police (RCMP) improperly withheld information related to applications for legal funding at public expense, including records concerning British Columbia's Braidwood Commission on the death of Robert Dziekanski. The RCMP claimed various exemptions under the Access to Information Act. The Information Commissioner found that the RCMP improperly withheld information under paragraphs 13(1)(a) and (c), section 14, subsection 15(1), and section 23, specifically rejecting the RCMP's claims of solicitor-client, litigation, and common interest privilege for certain letters. The Commissioner also concluded that the RCMP failed to take reasonable steps to seek consent from the B.C. government for information qualifying under subsection 13(1), as required by subsection 13(2). However, the Commissioner upheld the application of subsection 19(1) and paragraph 21(1)(a) for other information, finding the RCMP's exercise of discretion reasonable in those instances. Consequently, the complaint was found to be well founded. The Commissioner ordered the RCMP to disclose the improperly withheld information and to seek consent from the B.C. government for other records before exercising discretion on their release. The RCMP gave notice that it would not fully implement these orders.

• Whether the information met the requirements of subsection 19(1) ATIA
• Whether the RCMP reasonably exercised its discretion under subsection 19(2) ATIA
• Whether the information met the requirements of section 23 ATIA regarding solicitor-client privilege
• Whether the information met the requirements of section 23 ATIA regarding litigation privilege
• Whether common interest privilege applied to letters from legal counsel to the Braidwood Commission
• Whether the RCMP reasonably exercised its discretion under section 23 ATIA
• Whether the information met the requirements of paragraph 13(1)(a) ATIA
• Whether the information met the requirements of paragraph 13(1)(c) ATIA
• Whether the information met the requirements of paragraph 13(1)(d) ATIA
• Whether the RCMP reasonably exercised its discretion to seek consent under subsection 13(2) ATIA
• Whether the information met the requirements of section 14 ATIA
• Whether the information met the requirements of subsection 15(1) ATIA
• Whether the information met the requirements of paragraph 21(1)(a) ATIA
• Whether the RCMP reasonably exercised its discretion under paragraph 21(1)(a) ATIA