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The Ministry of Health (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to all information pertaining to the requesters in their personal capacities and to a named physiotherapy centre. The time frame to which the application related was from 1965 to the date of the request.
Upon receipt of the application, the Ministry wrote to the requesters to clarify the type of information being sought.
Once the response was received, the Ministry located a large number of records that were responsive to the request. The Ministry granted access in full to many of these documents. The Ministry refused, however, to disclose over 160 records, either in whole or in part, based on the following provisions contained in the Act:
Advice to government (section 13(1))
Solicitor-client privilege (section 19)
Invasion of privacy (section 21)
Information provided to the Commissioner during an inquiry (section 52(9))
Access to representations (section 52(13))
The Ministry also informed the requesters that 45 program areas of the institution had been searched in an effort to respond to the request. The requesters appealed the Ministry's denial of access to the Commissioner's office. The requesters also take the position that additional records which are responsive to the request should exist.
The mediation of this appeal was not successful and notice that an inquiry was being conducted to review the decision of the Ministry was sent to the Ministry and to the requesters (now the appellants). Representations were received from both parties.
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