The complainant alleged that Indigenous Services Canada (ISC) had improperly withheld information under paragraph 20(1)(c) (financial impact on a third party), paragraph 20(1)(d) (negotiations by a third party) and section 23 (solicitor-client and litigation privilege) of the Access to Information Act. This was in response to an access request for the settlement agreement between the Crown and the Squamish Nation in or about 2000 relating to Kitsilano Point and area, as well as all related maps and appendices. The allegation falls under paragraph 30(1)(a) of the Act.

Neither ISC nor the third party showed that the information met the requirements of the exemptions - in particular how there was a clear and direct connection between the disclosure of any specific information and a risk of harm, that the information could result in a reasonable expectation of interference with negotiations, or that privilege applies. The Information Commissioner ordered ISC to disclose the records in their entirety. ISC gave notice to the Commissioner that it would not disclose the records.