The complainant alleged that the Royal Canadian Mounted Police (RCMP) had improperly withheld information under section 17 (safety of individuals), subsections 15(1) (national security) and 19(1) (personal information), and paragraphs 16(2)(c) (facilitating the commission of an offence), 21(1)(a) (advice or recommendations) and 21(1)(b) (accounts of consultations or deliberations) of the Access to Information Act in response to an access request. The request was for all records regarding the work of the Special Joint Committee on the Declaration of Emergency.

The complainant also alleged that the RCMP did not conduct a reasonable search for records in response to the same access request. Both allegations fall under paragraph 30(1)(a) of the Act.

During the investigation, the complainant decided to limit the scope of the exemptions allegation to the application of paragraphs 21(1)(a) and (b) to withhold information on three specific pages of the responsive records.

The RCMP showed that it met the requirements of paragraphs 21(1)(a) and (b) and reasonably exercised its discretion to decide whether to disclose the information. The RCMP did not conduct a reasonable search for records, conceding that it did not task all record holders or use all relevant search terms.

The Information Commissioner ordered that the RCMP provide a new response to the complainant and give access to any records located by additional searches, unless access may be refused under a specific provision(s) the Act. The RCMP gave notice to the Commissioner that it would implement the order. The complaint is well founded.

Institution
Royal Canadian Mounted Police
Section of the Act
15(1)
16(2)c)
17
19(1)
21
30(1)(a)
Decision Type
Order
Final report
Date modified:
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