The complainant alleged that the Department of Justice Canada had improperly withheld information under section 14 (federal-provincial affairs) and paragraph 21(1)(a) (advice or recommendations) of the Access to Information Act in response to an access request. The request was for a copy of the "Final report: Mandatory Minimum Penalties. Recommendations to the Minister of Justice and Attorney General of Canada. Expert Panel on Sentencing Reform." The allegation falls under paragraph 30(1)(a) of the Act.

Department of Justice Canada did not show that it met all the requirements of these exemptions, in particular how disclosure of the information could reasonably be expected to harm the conduct of federal-provincial affairs as well how the report did not consist of a report prepared by consultants or advisers who were not directors, officers or employees of an institution or members of a minister’s staff.

The Information Commissioner ordered Justice to disclose the records in their entirety.

Department of Justice Canada gave notice to the Commissioner that it would comply with the order.

The complaint is well founded.