The ISED Canada Retaliation Files: The Fight for Truth - Part 3 - Inherent Defect in Invoking 6.1

In this third installment, Kevin Duska challenges the foundational legitimacy of ISED Canada's Section 6.1(1) application, arguing that it is not only moot — given that over 70% of the requests had already been withdrawn or substantively modified at the time of recording — but procedurally defective.

Rather than seeking informal resolution, clarification, or collaborative withdrawal, ISED treated the application as a tool of first resort, requesting the abandonment of only three ATIPs before launching a sweeping suppression effort. This conduct contravenes the Office of the Information Commissioner's own interpretive guidance, which explicitly frames 6.1(1) as a narrow, exceptional remedy to be pursued only after all reasonable avenues of clarification and engagement have failed.

This episode unpacks the legal logic, administrative precedents, and tactical consequences of ISED’s preemptive strike — and what it reveals about the true purpose behind the application.