The Access to Information Appeal Tribunal
The Access to Information Appeal Tribunal consists of five members appointed by the Governor General in consultation with the Prime Minister and Leader of the Opposition to hear appeals pursuant to the Act.
Individuals may make a request in writing for an internal review to be done by the principal officer or head of the Public Authority whose decision is the subject matter of the review. However, if a principal officer/head of the Public Authority was involved in the original decision, to deny access or otherwise, then an internal review would not be applicable.
Right of Appeal
The public has a right to lodge an appeal to the ATI Appeal Tribunal under the Act, if for example:
- An ATI request has been refused;
- Only partial access has been granted or access given to only some of the documents requested;
- A grant of access has been deferred;
- A request to have a personal record amended or annotated has been denied.
At an ATI Appeal Tribunal hearing, the following persons are usually present:
- At least one member of the ATI Appeal Tribunal;
- The Appellant and / or the Appellant’s Attorney; and
- The Respondent or the public authority Principal Officer and the Respondent’s Attorney.
Also, because the ATI Unit provides administrative services for the Tribunal, its members are usually present
The ATI Tribunal has the authority to regulate its own proceeds and can either support the decision made by the public body or overrule it. On the hearing of an appeal, the burden rests on the Public Authority to prove that the decision it took was justified.
If either party to the hearing is not satisfied with the decision of the Tribunal, then that party may seek redress from the Supreme Court by way of a judicial review application.
The Members of the Tribunal are:
- The Hon. Dorothy Pine McLarty, O.J. (Chairperson);
- Hon. Justice Roy Anderson;
- Professor Edward Baugh, CD.;
- Ms. Fae Ellington, C.D, MA
- Rev. Phillip G.O.B. Robinson, OD.