Freedom of Information

Freedom of information (FOI) systems can present significant legal challenges that affect regulatory relationships, commercial negotiations, public communications and litigation strategy. Records shared with public bodies may later become the subject of disclosure requests, often in contentious, high-profile or time-sensitive circumstances.

McCarthy Tétrault covers the full range of access to information matters at the federal, provincial and municipal levels. We draw on an integrated, national platform of legal expertise to help clients navigate the entire FOI process, from proactive planning to access and response to advocacy before commissioners and the courts.

Why Work With McCarthy Tétrault on Freedom of Information Matters

With deep expertise in every major FOI regime in Canada, we know what works and bring fresh-thinking to otherwise siloed regimes. We coordinate our advice across a full-service, national team that draws on expertise from virtually every practice area and industry, allowing us to provide clients with all of their FOI needs in one place.

When dealing with high-volume access requests, our clients further benefit from working with MT❯3, our division specializing in managing digital information. MT❯3 combines legal, technical and analytical expertise to efficiently manage high-volume and complex access-to-information matters.

What Our Advice Covers:

• Strategic Use of Access Requests: Obtain critical records through targeted access requests to achieve business, regulatory, investigative or litigation purposes, including drafting focused requests, anticipating objections and exemptions, and strategic advice on timing, confidentiality and procedure.
• Freedom of Information Response: Advice for public sector and institutional clients when receiving access requests, particularly high-profile or frivolous and vexatious requests. This includes record scoping and collection, high-volume document review, exemption analysis, severing and disclosure strategy, decision and correspondence drafting, and representation before commissioners and courts.
• Protection for Private Organizations: Advice for businesses and other affected parties on third-party disclosure and confidentiality. This includes responding to proposals for the release of information containing trade secrets or commercial, financial, technical, and labour relations details; preparing detailed submissions on exemptions; and advancing or defending disclosure positions in reviews, appeals and judicial reviews.
• Program Development, Disclosure Risk Management and Training: Record lifecycle management and contractual and operational strategies to strengthen arguments for confidentiality and third-party exemptions to avoid unwanted regulatory, political, public or media attention. Train personnel on communications practices that effectively manage FOI risk and reduce redaction workloads.