Investigation Report: FIPPA Refused Access – Manitoba Justice

2026-01-14

Summary

The complainant submitted an application under The Freedom of Information and Protection of Privacy Act (FIPPA) to Manitoba Justice for access to all records related to the review of the current youth justice system in Manitoba and its connections to the child welfare system. Manitoba Justice refused to grant access to the request, on the basis that responding would unreasonably interfere with the operations of the public body under clause 13(1)(d) of the Act.

Upon investigation of the complaint, the Manitoba Ombudsman concluded the public body has not provided sufficient evidence to support the conclusion that clause 13(1)(d) applies. In this instance, the public body was not able to demonstrate it made reasonable efforts to identify and search for responsive records. Our review of the FIPPA file noted a lack of documentation on its search efforts, duty to assist obligations, and reasons for its decision to exercise discretion to disregard the access request.

The authority to disregard a request must be exercised with careful consideration of all relevant contextual factors, providing evidence that it considered the purpose of the act and that the decision to apply the clause was informed by fully considering the types of records at issue, and not solely on the basis the clause appears to apply. Accordingly, we concluded the public body’s decision to withhold the records under clause 13(1)(d) is not supported under FIPPA, based on the information provided to us. The report details three recommendations.

Case MO-08759