Federal Court Rebukes Agency for Unreasonable 8-Year Access to Information Delay
- Citation
- 2026 CF 413
- Decided
- Court file
- T-1297-25
- Full judgment
- Read the decision
Case Law Overview
Biogénie Canada inc. v. Agence canadienne d'inspection des aliments, 2026 CF 413
The applicant, Biogénie, filed for judicial review after the Canadian Food Inspection Agency (CFIA) extended the deadline to respond to an Access to Information request by over eight years. This request was crucial for Biogénie's ongoing litigation against the CFIA, which had seized some of its products.
Court Ruling
The Federal Court granted the application in part, finding the CFIA's and the Information Commissioner's proposed multi-year extensions unreasonable. The Court ordered the CFIA to provide a full response within six months, emphasizing that government bodies must provide rigorous, logical, and sustainable justifications for any significant delays.
Key Quote from the Court
In other words, any delay undermines the credibility of the access system. Federal institutions must strive to do their best to meet the statutory deadlines. ... When the legislator imposes additional statutory responsibilities on government departments and agencies, as it does with the Access to Information Act, they have no choice but to comply. (at paras 163, 165)
Expert Takeaways
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Government Must Justify Delays Rigorously Government institutions cannot simply cite a large volume of documents to justify multi-year delays. The Court requires a 'sufficiently rigorous, logical and sustainable' calculation, not vague assertions or blanket averages.
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Resource Shortages Are Not a Valid Excuse The Court clearly states that an agency's internal resource limitations or inefficiencies are not a valid reason to deny the public its fundamental right to timely access to information. Institutions have a duty to comply with statutory obligations.
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Judicial Review is a Powerful Tool Against Delays This decision shows that the Federal Court will intervene decisively when government bodies fail to meet their access to information obligations. For individuals or companies needing government records for litigation or other critical matters, judicial review can compel a timely response.
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De Novo Review Gives the Court Final Say Under the Access to Information Act, the Court conducts a 'de novo' review, meaning it decides the matter anew without deference to the institution or the Commissioner. The Court will analyze the evidence itself to determine a reasonable timeline.
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Disclaimer
The information provided in this article is for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. For advice specific to your situation, please schedule a consultation with a qualified legal professional.
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Written by
Ali Dadkhah
Ali Dadkhah is a litigator whose practice is dedicated to challenging government decisions at the Federal Court of Canada. He specializes in judicial review, providing a crucial avenue for recourse for individuals and businesses who have faced unfair or unreasonable administrative outcomes. Bilingual legal support in English and Persian (Farsi)