This appeal was received pursuant to subsection 50(1) of the Freedom of Information and Protection of Privacy Act, 1987 (the "Act") which gives a person who made a request for access to a record under subsection 24(1) of the Act a right to appeal any decision of a head to the Commissioner.
The facts of this case and procedures employed in making this Order are as follows:
1. On April 12, 1988, the requester wrote to the Ministry of Community and Social Services (the "institution") to request various records in its possession regarding the Council on Mind Abuse Inc. (COMA), (the institution assigned file #19-0002 to this request). Shortly thereafter the institution wrote to COMA as a third party, pursuant to section 28 of the Act, to request its representations as to disclosure of the records to the requester. Despite having received representations to the contrary, from COMA, the institution wrote to the third party to advise of its intention to release the requested information to the requester, subject to COMA's right of appeal as the third party. The third party, COMA, did not appeal the head's decision, and the requested information was released to the requester.
On November 25, 1988, the requester wrote to the institution to request the "Third party submissions made by the Council on Mind Abuse in Ministry of Community and Social Services file number 19-0002."
2. Having received this new request, the institution again contacted COMA as the third party and solicited its representations as to the issue of disclosure of the representations it made on the request for information in file number 19-0002. Apparently, the third party verbally indicated its wish to have the requested record withheld from disclosure.