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Information exempt under 16 (1) (c)..happen to anyone else?
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We ordered GCMS notes coz I have an interview. They took ages and finally sent it with half the comments by the visa officer removed. The reason we asked for the notes was to know why the heck are we getting an interview but it is all removed. We contacted the ATIP people requesting them to disclose it and they got back saying they can't so now we are lodging a complaint here: http://www.oic-ci.gc.ca/eng/lc-cj-logde-complaint-deposer-plainte.aspx
I want to know if anyone else has faced this? Thanks for your replies.
Paragraph 16(1)(c) provides that a government institution may refuse to disclose a record that contains information the disclosure of which could reasonably be expected to be injurious to the enforcement of any law of Canada or a province or to the conduct of lawful investigations. Examples of the types of information to which this exemption may apply are included in the Act. They are:
information relating to the existence or nature of a particular investigation,
information that would reveal the identity of a confidential source of information, or
information that was obtained or prepared in the course of investigations.
The types of information cited in this provision are illustrative only. Other types of information can qualify for the exemption but for the exemption to apply in any case injury must be proved.
The onus of disclosure always rests with the applicants, never with CIC. They don't have to tell you anything they don't want to, that is how the legislation is set up. You, on the other hand, are required to answer everything they ask.
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