Hello
@legalfalcon
Do you know what does it mean if the GCSM notes "Page 21-32 are withheld pursuant to section 16 (2)(C)"
Thanks
When any information is released under the Access to Information Act, a federal agency can redact information which is exempt form disclosure. Once of the exemptions is under s16 and what it is listed in detail in the ATIP manual. This is common and all most all GCMS notes will have some information redacted under this section.
s16(2)(c) states:
- Security
(2) The head of a government institution may refuse to disclose any record requested under this Part that contains information that could reasonably be expected to facilitate the commission of an offence, including, without restricting the generality of the foregoing, any such information
- (a) on criminal methods or techniques;
- (b) that is technical information relating to weapons or potential weapons; or
- (c) on the vulnerability of particular buildings or other structures or systems, including computer or communication systems, or methods employed to protect such buildings or other structures or systems.
See
https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/access-information/access-information-manual.html#cha11_4
11.4 Section 16 of the Act – Law enforcement, investigations, and security of penal institutions
Section 16 of the Access to Information Act (the Act) contains a series of discretionary and mandatory exemptions and class-based and injury-based exemptions that aim to protect:
- effective law enforcement, including criminal law enforcement;
- the integrity and effectiveness of other types of investigative activitiesSee footnote [11-4] — for example, ordinary administrative investigations under an Act of Parliament, investigations in regulatory areas, and air accident investigations; and
- the security of penal institutions.
Each of its first three subsections constitutes, in and of itself, an exemption to be considered independently of other subsections.
Subsection 16(4) of the Access to InformationAct defines the term “investigation” for the purpose of paragraphs 16(1)(b) and (c).
11.4.5 Subsection 16(2) – Facilitating the commission of an offence
Subsection 16(2) of the Access to InformationAct is a discretionary injury test exemption providing protection for information that could reasonably be expected to facilitate the commission of an offence.
Paragraphs (a), (b) and (c) provide examples of the types of information to which this exemption may apply. The examples specify information:
- (a) on criminal methods or techniques;
- (b) that is technical information relating to weapons or potential weapons; or
- (c) on the vulnerability of particular buildings or other structures or systems, including computer or communication systems, or methods employed to protect such buildings or other structures or systems.
The list of information cited in the subsection is for illustrative purposes only and is not exhaustive. A government institution must have a reasonable expectation that the release of the requested information would facilitate the commission of an offence. Included in the exemption is information on criminal methods and techniques (that is, the modus operandi of the criminal world). Included as well is information on weapons technology (for example, how to make a bomb) and information about the vulnerability of both public and private sector buildings, structures or systems, including computer and communication systems, and methods employed to protect such buildings, structures and systems. A government institution may, for example, refuse to disclose the security plans or other information about the vulnerable aspects of federal government buildings and other installations that would be of strategic importance in civil emergencies or time of war.
Most of this information could most likely be protected under subsection 16(1), but subsection 16(2) is intended to make it easier to process specific requests for information of this nature.
