Request for information held by Crown Law Office relating to investigation by Hon Ian Binnie QC into David Bain’s compensation claim

The requester (a news media organisation) made two requests to the Crown Law Office for information it held relating to an investigation by a retired Judge of the Supreme Court of Canada, Hon Ian Binnie QC, into a claim by Mr David Bain for compensation against the Crown. On 5 June 2009, at his retrial, Mr Bain was found not guilty on five counts of murder. To assist Hon Ian Binnie QC in his investigation from a legal and Law Officer perspective on matters of law and fact, the Solicitor-General at the time assigned Crown Counsel in that office’s employ and retained outside counsel.

I am of the opinion that information held by the Crown Law Office in that context was held on behalf of the Solicitor-General for the time being acting as a Law Officer of the Crown. Information so held by the Crown Law Office is not official information within the meaning of the Official Information Act 1982 (OIA).