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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 has made a request for access to a record under subsection 24(1) of the Act a right to appeal any decision of a head under the Act to the Information and Privacy Commissioner.
The facts of this case and the procedures employed in making this Order are as follows:
1. On January 19, 1988, the Ministry of Health (the "institution") received a request for "any and all documents, memos, reports and correspondence with regard to the Council on Mind Abuse (C.O.M.A.) Inc." ("COMA")
2. On February 25, 1988, the institution issued a third party notice to COMA, pursuant to subsection 28(1)(a) of the Act.
3. COMA responded to the institution on March 15, 1988, requesting that the records not be disclosed.
4. By letter dated April 6, 1988, the institution notified the requester that access to the records was denied because" ...they are the subject of a pending discussion by Cabinet (s.12) and, in addition, the third party has requested that the information not be disclosed as per s.17(1)(c)."
5. The requester wrote to me on April 12, 1988 appealing the head's decision. Notice of the appeal was sent to the institution and COMA.
6. The Appeals Officer assigned to this case obtained and reviewed the records in question. During the investigation stage the institution raised the possible application of subsections 17(1)(a) and (b).
7. Efforts by the Appeals Officer to mediate a settlement were unsuccessful, as all parties retained their respective positions.
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