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Document
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PO-3065
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File #
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PA09-332
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Institution/HIC
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Ministry of Community Safety and Correctional Services
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Summary
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The appellant made a request to the Ministry of Community Safety and Correctional Services for records relating to a child pornography investigation. Partial access was granted and the ministry relied on a number of exemptions in denying access to the remaining information. The appellant claimed that the public interest override at section 23 applied to the information. In its submissions as part of the inquiry, the ministry argued that issue estoppel applied to some of the information in the records, in addition to a number of exemptions. In this order, the adjudicator finds that issue estoppel does not apply and upholds the ministry’s decision, in part, under sections 14(1)(c), 19 and 21(1). The remaining exemptions are not applicable and the public interest override does not apply. The ministry is ordered to disclose portions of the records to the appellant.
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Legislation
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FIPPA
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Section 19
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Section 23
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2(1) personal information
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14(1)(c)
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14(1)(d)
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14(1)(e)
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14(1)(g)
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14(1)(l)
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15(a)
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15(b)
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21(1)
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Signed by
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Cathy Hamilton
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Published
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Mar 23, 2012
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Type
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Order
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Orders and Reports Considered
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M-202
MO-2494
PO-2412
PO-2456
PO-2470
PO-2474
PO-2751
PO-2858-I
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Cases Considered
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Duncanson v. Ontario (Information and Privacy Commissioner), (1999) 175 D.L.R. (4th) 340, Liquor Control Board of Ontario v. Magnotta Winery Corporation 2010 ONCA 681, Ontario (Public Safety and Security) v. Criminal Lawyers’ Association, 2010 SCC 23, R. v. Mentuck, [2001] 3 S.C.R. 442.
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© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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