Decisions

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.

An institution submitted an application to the Information Commissioner, under subsection 6.1(1) of the Access to Information Act, for approval to decline to act on an access to information request. The institution submitted that the request is vexatious and constitutes an abuse of the right to make a request. The institution further submitted that it had met its duty to assist the requester in connection with the request.

The Commissioner found that the institution met its burden of establishing that the access request is an abuse of the right to make a request. The Commissioner also found that the institution met its duty to assist obligations under subsection 4(2.1) prior to seeking approval to decline to act. Given the Commissioner’s conclusion, it was not necessary to further consider whether the request was also vexatious.

The application is granted.