23 November 2011 – Ottawa: In the case of The Canadian Broadcasting Corporation (CBC) v The Information Commissioner of Canada, the Federal Court of Appeal today dismissed the CBC’s appeal of the Federal Court’s decision on the interpretation of section 68.1 of the Access to Information Act. The decision confirms that during the investigation of a complaint under the Act, the Commissioner has the authority to review information that the CBC claims is excluded pursuant to section 68.1 of the Act, other than the identity of journalistic sources, in order to independently assess whether the exclusion has been properly applied.

“We are pleased with the results of the Court’s decision,” said Information Commissioner Suzanne Legault. “It confirms requesters’ rights to two levels of effective and independent review of decisions to withhold information.”

Commissioner Legault added “Given the decision of the Federal Court of Appeal dated today, and in the absence of any further appellate proceedings, I intend to resume my investigations into these matters”.