Royal Canadian Mounted Police Agree To Conduct Search For Records Relating To Dealings With Foreign Law Enforcement Agencies

On July 26, 2004, Keith Maydak filed a request pursuant to the Canadian Access to Information Act to the Royal Canadian Mounted Police seeking internal documents relating to procedures for sharing information with foreign law enforcement agencies including the United States.

Instead of processing the request by August 26, 2004, the RCMP deliberately waited until Canadian authorities allowed Maydak's extradition to the United States. On December 3, 2004, the RCMP advised Maydak that they considered his request abandoned because he was no longer in Canada.

Maydak immediately complained to the Honorable John M. Reid, P.C., the Information Commissioner of Canada, who launched an investigation into the RCMP's trickery. Realizing the inappropriateness of its actions, the RCMP agreed in May, 2005, to search for the records.

"It's unfortunate that the RCMP wastes its citizen's tax dollars by playing legal games instead of following the law, but I'm glad Canadian Information Commissioner John Reid intervened," Maydak told maydakupdate.com. Once Maydak receives a further response, he will publish it at http://www.maydakupdate.com.

The following is a copy of the text of the information in the Commissioner's letter:

Dear Mr. Maydak:

I write to report the results of our investigation of your complaint, made under the Access to Information Act (the Act), against the Royal Canadian Mounted Police (RCMP). In your request, you asked for copies of documentation pertaining to the exchanging of information between the RCMP and the government of the United States, and any internal documentation on the RCMP procedures for sharing information with foreign law enforcement agencies.

Your request was received by the RCMP Access to Information and Privacy section (ATIP) on July 26, 2004, making August 26 the due date for a timely response. As you are aware, the RCMP missed the deadline and found itself in a deemed-refusal situation as per section 10(3) of the Act. Our investigation revealed that your request was not tasked to the appropriate office primary interest (OPI) until September 3. That OPI subsequently advised the ATIP section on September 8 that a search of 16 hours would be required to locate the relevant records and the file was assigned to an analyst the following day to prepare a fee estimate letter. As you are aware, this response was not provided to you and on December 3, 2004, the RCMP advised you that they considered your request to be abandoned. On December 20, I received your complaint.

During the course of our investigation, the RCMP undertook to forward you a notice of fees required under the Act. I have reviewed the fee estimate and consider it to be properly costed in accordance to the Regulations.

Consequently, I consider your complaint as resolved.

Yours sincerely,
/s/
The Hon. John M. Reid, P.C.

References: Information Commissioner File 43828/001
RCMP File: 2004ATIP-10835

Contacts: Keith Maydak
Hon. John Reid, P.C., Information Commissioner 613-995-2410