The Information Commissioner of Canada sought judicial review of refusals to disclose records located in the offices of the Prime Minister, the Minister of National Defence, and the Minister of Transport, as well as the Prime Minister's agenda held by the RCMP and PCO.
The Supreme Court of Canada held that Ministers' offices are not 'government institutions' under the Access to Information Act.
The Court established a two-part test to determine if records in a Minister's office are 'under the control' of a government institution: whether the record relates to a departmental matter, and whether the institution could reasonably expect to obtain a copy.
Applying this test, the requested records were not under the control of the respective government institutions.
Furthermore, the Prime Minister is not an 'officer' of a government institution under the Privacy Act, meaning his agenda is exempt from disclosure as personal information.
The appeals were dismissed.
