The complainant alleged that Public Services and Procurement Canada (PSPC) had improperly withheld information under section 23 (solicitor-client and litigation privilege) of the Access to Information Act in response to an access request. The request was for all records related to the negotiation of the 1991 lease between Bourque, Pierre et Fils and the government for the Louis St-Laurent Building. The allegation falls under paragraph 30(1)(a) of the Act.

PSPC applied section 23 in a blanket manner, withholding the entirety of the 96,781 pages of records, citing both grounds of section 23: solicitor-client privilege and litigation privilege. Although some of the information meets the requirements of solicitor-client privilege, PSPC did not demonstrate that any information met the requirements under litigation privilege.

The Information Commissioner ordered that PSPC disclose certain and reconsider its discretion under section 23 where the requirements of solicitor-client privilege were met. PSPC gave notice to the Commissioner that it would comply with the order.

The complaint is well founded.