Matthew Pearn discusses focusing on your freedom of information request for maximum effect in this article.
Are you wondering how to exercise freedom of information to access the information you need? There is a law called the Access to Information Act. It allows Canadian citizens, people with permanent residency, and companies located in Canada the right to get information from the Canadian government.
Sometimes, when the federal government doesn’t want to give you specific information, you might need to file a lawsuit in the Federal Court. An example might be a veteran who wants access to their Veterans Affairs medical records. Sometimes, the government might not want to provide a psychologist or medical report to the person it was about.
What is a valid Freedom of Information request?
If the Veteran cannot access the document via an FOI request, something will need to be filed in court. In this case, if the federal government still doesn’t want to provide the medical report, the Attorney General’s office, representing the Canadian government in legal disputes, will represent Veterans Affairs. The Federal Court system is only for conflicts between the government and individuals and companies in Canada.
While the Access to Information Act applies to Freedom of Information requests, so does the Privacy Act. The purpose of the Privacy Act is to protect the information of Canadians and companies in Canada. Transparency doesn’t mean a big information dump on the internet.
Remember that the Privacy Act doesn’t protect information that already exists on the internet. If you put information on social media or your website, it’s out there for other companies to use.
The Privacy Act also guides the Canadian government on how to use, collect, keep, and send out information. Organizations such as the police or the Canadian Security Intelligence Service must pay particular attention to the Privacy Act.
How do you make an FOI Request?
There is a differentiation between requesting “access to information” and requesting “personal information request.”
If you want to make access to information requests, then you can submit the request online, by mail, or by email. Usually, these requests are made to the “Access to Information and Privacy Division” of the Parole Board of Canada. You can find the email address here: [email protected]
If you want to request “personal information,” the process is mostly the same.
How long will the process take?
The government has thirty days to get back to you. However, the government is allowed to extend the deadline for many reasons. One example of a reason is if they feel they are too busy, which is an excuse they use all the time. There is also information that they will not provide, like information that might harm national security or police investigations.
Medical information about other people will often not be released. But if you are asking about the medical information that the government has about you, you should be able to get it.
Below are some common reasons why your request could be denied:
- It would cause issues between government bodies
- It would put people at risk (common in spy and police investigations)
- The information doesn’t belong to the government
- It is protected by lawyer or doctor privilege
- The information could make it hard for the government to operate
You can expect a typical request to take six to twelve months to hear back.
To simplify things, each province in Canada has its own rules for providing information. Asking for information from a province will differ from asking for information from the federal government. And if you need to file a lawsuit against a province, let’s say BC, then you would be going up against the Attorney General’s Office of BC (instead of the Federal government.)
Do you have to give a reason for an FOI request?
Here is a link that will tell you everything you need to provide.
The federal government laws came into effect in 1983, when they were introduced under the Trudeau senior government. The government is not allowed to deny access to all documents. That is why you will see documents provided that are heavily redacted.
This is common when someone asks for CSIS or Canadian military documents. The Information Commissioner of Canada reviews and enforces how these documents are provided and redacted.
If you need help with your request for information request, you should speak to a lawyer near you.
Speak to a lawyer about making a Freedom of Information (FOI) request
Matthew Pearn is a lawyer in Fredericton, New Brunswick. He primarily writes about lawsuits that involve businesses. Mr. Pearn has appeared in the Supreme Court of Canada before!
We wish you the best with your request for freedom of information. Speak to a law firm to get help. Learning as much as you can about Canadian law will help!
