Can a request be made to a government institution for access to a record that it authorized to refuse to disclose?
Canada (Federal), Canada
The following excerpt is from Canada (Office of the Information Commissioner) v. Canada (Prime Minister), 2019 FCA 95 (CanLII):
Where a request is made to a government institution for access to a record that it is authorized to refuse to disclose, section 25 of the Act requires the head of the institution to disclose “any part of the record that does not contain, and can reasonably be severed from any part that contains, any … information or material” covered by an exemption. In other words, this provision “imposes a duty to sever portions of documents which do not contain the information for which an exemption is claimed and which can reasonably be severed without disclosing the exempt information” (Canada v. Blank, 2007 FCA 87 at para. 2 [Blank 2007]).
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