You are alluding to an access to information request concerning which a complaint was filed with our office regarding the interpretation and application of section 69.1, which is the relevant section in our case.
We had experienced the same situation as the Information Commissioner. The CBC at the time had adopted the position that the commissioner could not see or view the documents in question. We therefore issued an order demanding to see the documents and thus wound up in Federal Court as it was deliberating on the matter involving the Information Commissioner.
Our case did not make it to the decision stage as we reached an out-of-court settlement that was agreeable to the complainant and the CBC. The Federal Court therefore did not have to render a decision because we had managed to reach that settlement.