Thursday, April 19, 2018



When extension becomes effective refusal

I've had a lot of bad OIA experiences, and my fair share of Ministers and officials playing games with extensions to delay access to documents until an issue is out of the media. However, I've never had anything as bad as this Canadian requester, who had an agency give itself an 80 year extension on an Access to Information Act request:

A federal institution has given itself what may be the longest-ever time extension to respond to a citizen's request under the Access to Information Act — at least 80 years, which will delay the delivery of documents to 2098 or beyond.

"I may get those records in my next lifetime," 70-year-old Michael Dagg, the requester and longtime user of the act, said in an interview.

Dagg asked Library and Archives Canada (LAC) for files from Project Anecdote, an RCMP investigation into money laundering and public corruption that was launched in May 1993.

No charges were ever laid in the massive probe, which concluded in 2003. The voluminous Mountie files were eventually turned over to the government archives.

"You will note the extensive list of responsive records … and we will need up to an 80-year minimum (bringing the due date to the year 2098)," LAC advised Dagg in writing last week, warning that consulting other departments would add more time.


This seems to be the longest AIA extension in Canadian history, and it effectively amounts to a refusal. There's good reason - the file is 780,000 pages, so there's a lot to go through and redact - and in New Zealand it is likely that it would simply be refused as requiring substantial collation and research. That at least would be honest; instead Library and Archives Canada is pretending that they're going to grant the request, while pretty obviously having no intention of doing so in practice - the files will be released when they would be required to be made public under public records law, and not before. Which means this "extension" is simply an official exercise in deceit.