The respondent filed complaints with the Commissioner of Official Languages regarding language rights violations.
During the investigation, witnesses were promised confidentiality.
The respondent later requested access to the personal information in the investigation files under the Privacy Act.
The Commissioner refused to disclose certain interview notes, relying on the exemption in s. 22(1)(b) of the Privacy Act for information that could reasonably be expected to be injurious to lawful investigations.
The Supreme Court of Canada held that while the exemption can apply to concluded investigations to protect future ones, the Commissioner failed to establish a reasonable expectation of injury in this specific case.
The Court ordered the disclosure of the personal information but denied access to non-personal information.
