Royal Canadian Mounted Police (Re), 2021 OIC 4

Date: 2021-02-09
OIC file number: 5820-00879
Institution file number: A-2020-01720

Summary

The complainant alleged that the Royal Canadian Mounted Police (RCMP) improperly withheld information under paragraph 16(1)(a) (investigative bodies) of the Access to Information Act in response to an access request. The Office of the Information Commissioner’s (OIC) investigation determined that the information withheld was obtained by an investigative body specified in the regulations (the RCMP) in the course of a lawful investigation pertaining to detection, prevention or suppression of crime. The information also came into existence less than twenty years prior to the request. The OIC is also satisfied that the RCMP reasonably exercised their discretion by taking into consideration relevant factors for and against disclosure.

The complaint is not well founded.

Complaint

[1]      The complainant alleged that the Royal Canadian Mounted Police (RCMP) improperly withheld information under paragraph 16(1)(a) (investigative bodies) of the Access to Information Act in response to an access request for information regarding a complaint that was investigated by the RCMP.

Investigation

Paragraph 16(1)(a): investigative bodies

[2]      Paragraph 16(1)(a) allows institutions to refuse to release information obtained or prepared by specific investigative bodies in the course of investigations.

[3]      To qualify for exemption under paragraph 16(1)(a), the records that contain the information must have been created less than 20 years before the access request was made.

[4]      To claim the exemption, institutions must then show the following:

• The information was obtained or prepared by one of the investigative bodies listed in Schedule I of the Access to Information Regulations.
• The information was obtained or prepared during a lawful investigation—that is, one that is within the authority of the investigative body.
• The information concerns an investigation related to one of the following:
• the detection, prevention or suppression of crime;
• the enforcement of any law of Canada or a province (including municipal laws); or
• activities suspected of constituting threats to the security of Canada, as defined in the Canadian Security Intelligence Service Act.

[5]      When these requirements are met, institutions must then reasonably exercise their discretion to decide whether to release the information.

Does the information meet the requirements of the exemption?

[6]      Our investigation determined that the information withheld falls within the parameters of subparagraph 16(1)(a)(i) of the Act. Specifically, the information was prepared or obtained by the RCMP, an investigative body specified in the regulations, in the course of a lawful investigation pertaining to detection, prevention or suppression of crime. The information also came into existence less than twenty years prior to the request. 

[7]      In light of this, the Office of the Information Commissioner (OIC) concludes that the information meets the requirements of the exemption.

Did the institution reasonably exercise its discretion to decide whether to release the information?

[8]      Under paragraph 16(1)(a), the RCMP was required to reasonably exercise its discretion to decide whether to release the information. In doing so, the RCMP had to consider all the relevant factors for and against disclosure.

[9]      Based on the representations received from the RCMP, the institution exercised its discretion in a reasonable manner, taking into consideration relevant factors for and against disclosure, including the purpose of the Act, the purpose of the exemption, and the facts of the request, as well as the private interest of other individuals.

[10]    The OIC is satisfied that the RCMP considered all relevant factors and concludes that the RCMP reasonably exercised its discretion in deciding to withhold the information.

Result

[11]    The complaint is not well founded.

Section 41 of the Act provides a right to the complainant who receives this report to apply to the Federal Court for a review. The complainant must apply for this review within 35 business days after the date of this report and must serve a copy of the application for review to the relevant parties, as per section 43.