Annual Report: 2002-2003

The Access to Information Act confers upon the Information Commissioner broad discretion to select the procedures by which investigations are conducted. This discretion recognizes the need for a body charged with conducting investigations of complaints against government institutions to have flexibility in its choice of investigative methods, styles and approaches. Investigative flexibility is required to respond effectively to variations in:

• Types of complaints;
• Complexity of the factual or legal issues;
• Potential negative impact on individuals;
• Likelihood of related court proceedings;
• Level of cooperation from government institutions, witnesses and complainants; and
• Availability of resources.

While recognizing the need for such flexibility, the Information Commissioner also recognizes the importance of assisting all parties involved in investigations to better understand what procedural options are open to the commissioner and the circumstances in which they are likely to be used.