Library and Archives Canada (Re), 2023 OIC 28
Date: 2023-02-03
OIC file number: 5821-01206
Institution file number: A-2016-00225/DS
Summary
The complainant alleged that Library and Archives Canada (LAC) had improperly withheld information under subsection 15(1) (national security and international relations) of the Access to Information Act in response to an access request for records of the Intelligence Advisory Committee, 1989-1995. The complaint falls within paragraph 30(1) (a) of the Act.
The records from the 1980s and 1990s pertain to migration trends and global developments. The complainant’s representations and the Office of the Information Commissioner’s (OIC) research indicated that the Canadian Government had disclosed similar records, and that the information in the records reflect public and Parliamentary debate. The OIC concluded that disclosure of the records would not harm national security and international relations and did not meet the requirements of subsection 15(1).
LAC disclosed the records in their entirety on January 20, 2023.
The complaint is well founded.
Complaint
[1] The complainant alleged that Library and Archives Canada (LAC) had improperly withheld information under subsection 15(1) (national security and international relations) of the Access to Information Act in response to an access request for records of the Intelligence Advisory Committee, 1989-1995. The complaint falls within paragraph 30(1)(a) of the Act.
Investigation
[2] When an institution withholds information under an exemption, it bears the burden of showing that refusing to grant access is justified.
[3] The records are Privy Council Office documents from the 1980s and 1990s that commented on and analyzed migration trends and, to a lesser degree, global developments during that period. The representations of the complainant, and the Office of the Information Commissioner’s (OIC) research, indicated that the Canadian Government had previously disclosed similar records, and that the topics covered reflected public and Parliamentary debate at that time.
[4] As such, the OIC was not convinced that the information met the requirements of subsection 15(1).
[5] On January 20, 2023, as a result of the intervention of the OIC, LAC disclosed the records in their entirety. The complainant informed the OIC that they were satisfied with the supplementary disclosure.
Result
[6] The complaint is resolved.
When a complaint falls within the scope of paragraph 30(1)(a), (b), (c), (d), (d.1) or (e) of the Act, the complainant and institution have the right to apply to the Federal Court for a review. They must apply for this review within 35 business days after the date of this report and serve a copy of the application for review to the relevant parties, as per section 43. If no one applies for a review by this deadline, this order takes effect on the 36th business day after the date of this report.