FC confirms ATIA institutions can make only one access decision

On July 11th, the Federal Court held that an Access to Information Act institution’s access decision was null and void because it had made a prior access decision in response to the same request. It confirmed that institutions can only make one decision, though they may make supplementary disclosure based on an Information Commissioner recommendation (pursuant to section 29) and change their position in responding to a section 44 application to Federal Court.

Porter Airlines Inc v Canada (Attorney General), 2013 FC 780 (CanLII).