The duty to assist in Canadian Freedom of Information law

Abstract

AbstractThe duty to assist is a core principle in Freedom of Information (FOI) law in Canada and elsewhere. FOI coordinators working in each Canadian government agency are responsible for implementing this duty, though they face challenges in doing so. Examining Information Commissioner rulings, we elaborate on the dimensions of duty to assist as articulated in Canadian law and policy. We argue that while attention to the duty to assist is a necessary but insufficient condition for refurbishing FOI law in Canada, improving adherence to it would enhance “internal mechanisms of administrative justice” (Adler 2003). We conclude by discussing remedies and implications for literatures on FOI, administrative justice, and due process.