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The Ministry of Education (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to a copy of the investigation report dated July 24, 1990, concerning an allegation of sexual harassment made by the requester. The Ministry provided access to parts of the responsive record, and denied access to the rest of the record, pursuant to sections 21(1) and 49(b) of the Act. The requester appealed the Ministry's decision.
The parts of the record originally provided to the appellant consist of the introductory section of the report, subject to the severance of the names of the people interviewed during the course of the investigation; the notes of two interviews with the appellant, subject to the severance of the names of the people referred to in the notes; and the discussion, findings and recommendations sections of the report in their entirety. During mediation, the Ministry agreed to provide access to the names of the people referred to in the appellant's interview notes.
Further mediation was not successful, and notice that an inquiry was being conducted to review the Ministry's decision was sent to the appellant, the Ministry, and the seven individuals who had been interviewed in the course of the investigation (the affected persons). Written representations were received from the appellant, the Ministry, and five of the affected persons.
The parts of the record which remain at issue in this appeal consist of the names of the affected persons (severed from page 1 of the record), and the notes of interviews with these individuals (pages 4-15 of the record).
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