This appeal was received pursuant to subsection 50(1) of the Freedom of Information and Protection of Privacy Act, 1987, as amended (the "Act") which gives a person who has made a request for access to a record under subsection 24(1) or to personal information under subsection 48(1), a right to appeal any decision of a head to the Commissioner.
On November 1 and 2 of 1989, the Ministry of Community and Social Services (the "institution") received requests for access to all personal information relating to the appellant, as well as all records relating to a named corporation and a facility operated by the corporation. The appellant requested the information for the time period of September 1973 to October 1989 (inclusive) from three offices within the institution: the Children's Services Division, Kingston Area Office; the Communications Branch; and the Legal Services Branch.
On November 29, 1989, the institution provided the appellant with access to his personal information and responded that certain of the records relating to the corporation and its facility were being withheld as follows:
1. Under the section 19 - Solicitor/Client Privilege exemption, the Ministry is withholding 57 items. These are records that involve confidential communications to solicitors in the Legal Services Branch, communications from solicitors to the client Ministry and communications between solicitors within the Branch with respect to this file;
2. Under Section 17, 3 items are being withheld at this time and the Ministry is seeking representations from the third parties with respect to whether or not those items should be released. Subsection 28(1) requires that before a Head grant a request for access to a record that the Head has reason to believe might contain information referred to in subsection 17(1) the Head shall give written notice to the person to whom the information relates;
3. Pursuant to Section 21, the Ministry is withholding 7 items in their entirety, and two items are being released to you in their severed form; and
4. One item is being withheld which would record advice of a public servant within the meaning of Section 13 - Advice and Recommendations.