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The Archives of Ontario (the Archives) received two requests under the Freedom of Information and Protection of Privacy Act (the Act) for access to a 1976 report prepared by the Inspection and Standards Branch of the Ministry of Correctional Services (the ministry), concerning alleged inappropriate staff conduct at the Grandview Training School for Girls (Grandview).
The record consists of:
- a one-page internal memo;
- a one-page memo on letterhead;
- the investigation report, which is comprised of a one-page index, 16-page investigation report in memo form, and 84 pages of attachments.
The Archives denied access to the entire record pursuant to section 14(2)(a) of the Act. The Archives also exempted significant portions of the record under sections 14(1)(a), (b), (c), (d), and (f), 14(2)(d) and 21 of the Act.
The Archives indicated that it had considered section 23 of the Act and concluded that "there is no compelling public interest in disclosure of the information which would clearly outweigh the need to protect the personal privacy of individuals named in the record." The Archives noted that section 23 does not apply to information found to be exempt under section 14 of the Act.
Both requesters appealed the Archives' decision.
Mediation of the appeals was unsuccessful and the matters proceeded to inquiry. Notice that an inquiry was being conducted to review the decisions was sent to the Archives, the appellants and the person whose conduct was the subject of the record (the affected person). Enclosed with each notice was an Appeals Officer's Report, intended to assist the parties in making representations about the subject matter of the appeal. Written representations were received from all parties. In its representations, the Archives withdrew its exemption claim under section 14(1)(c), and added section 14(2)(b) in the context of the possible application of the Young Offenders Act as a new exemption claim.
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