Annual Report: 2002-2003

B. Demystifying the Investigative Process

During either the formal or informal process, evidence may be presented or discovered which raises the possibility that the Information Commissioner may make comments or recommendations (in his reports to the complainant, the government institution or Parliament) which are negative or adverse towards identifiable individuals. In such cases, any such individual will be (1) notified in writing of the potential of an adverse comment or recommendation; (2) informed of the evidentiary basis for the potential adverse comment or recommendation; and (3) afforded a fair and reasonable opportunity to offer evidence and make representations in response to the notice of potential adverse comment or recommendation.

In no case will the Information Commissioner make findings of criminal or civil wrongdoing against an individual (except in the context of contempt proceedings).

Should the commissioner come into possession of evidence suggesting that a federal or provincial offence has been committed, he is authorized to disclose such evidence to the Attorney General of Canada. If the possible offence is that of perjury, or if it arises under the Access to Information Act, the commissioner may refer the matter to the RCMP for criminal investigation.

Last year, the commissioner invoked his powers to order the appearance of witnesses and production of records, on 7 occasions. This year, 9 orders were issued, as follows:

In accordance with standard practice, all witnesses who received subpoenas were first invited to cooperate voluntarily. No witness who received a subpoena challenged its legality.