The complainant alleged that Library and Archives Canada (LAC) had improperly withheld information under section 23 (Solicitor-client) of the Access to Information Act in response to an access request for information relating to regulations pursuant to the Food and Drugs Act and related litigation. While the information met the requirements of section 23, LAC did not provide any information indicating that it had considered its obligation to exercise its discretion to decide whether to disclose the information. Consequently, LAC did not show that it had reasonably exercised its discretion. The Information Commissioner ordered that LAC re-exercise its discretion to decide whether to disclose the withheld information, taking into account all relevant factors. LAC gave notice to the Commissioner that it would implement the order and would re-exercise discretion to decide whether to disclose the information at issue, taking into account all relevant factors for and against disclosure. LAC subsequently provided the Commissioner with an explanation of its decision on discretion.

The complaint is well founded.