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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) a right to appeal any decision of a head to the Commissioner.
The facts of this case and the procedures employed in making this Order are as follows:
1. On January 4, 1989, the appellant made a request to the Ministry of Natural Resources (the "institution") for the following record:
A copy of the reasond (sic) letter send (sic) by [a named individual] to the M.N.R. on behave (sic) of "[a named island]" land owners, responding to our docking situation.
2. On January 17, 1989, the institution responded, denying access to the record requested.
The institution stated that to provide access to the record would "constitute an unjustified invasion of personal privacy. I am therefore refusing access to this letter under s.21 of the Act."
3. By letter dated March 29, 1989, the requester's lawyer appealed the denial of access.
4. On April 26, 1989, I gave notice of the appeal to the institution.
5. In his letter of appeal regarding the denial of access, the lawyer stated that:
Respectfully, we find this to be offensive and entirely inconsistent with the spirit of the legislation. [The appellant's name]'s work is seasonal and he is a very small businessman who works hard to make an honest living. It is unfortunate when small businessmen on limited incomes have to be faced with such a response.
[It was noted that various documents were supplied with the letter of appeal.]...We doubt that the Deputy Minister would have had all these documents at his disposal in considering his judgment. If he did, we respectfully submit that it was in error.
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