PO-2317

The Ministry of the Attorney General (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to records relating to the prosecution of the requester. Specifically, the requester sought access to “internal documents regarding communications and records held by” several named individuals in the office of the Crown Attorney in Toronto.

The Ministry responded by denying access to the responsive records as they “concern a matter that is currently before the courts”. The requester’s trial is scheduled to begin later this month. The Ministry also claimed the application of the following exemptions contained in the Act as the basis for its denial of access:

• sections 14(1)(a) and (b) – law enforcement
  
  
• section 14(1)(f) – right to a fair trial
  
  
• section 19 – solicitor-client privilege
  
  
• section 21(1) – invasion of privacy, in conjunction with the presumption in section 21(3)(b) (information compiled as part of an investigation into a possible violation of law)

The requester, now the appellant, appealed the Ministry’s decision. The Ministry indicated that it declined to participate in the mediation of the appeal and this office moved the appeal directly to the inquiry stage of the process.

I decided to seek the representations of the Ministry initially. Because the records appeared to include the personal information of the appellant, I sought the representations of the Ministry on the application of the discretionary exemption in section 49(b) to the records. I received the Ministry’s submissions and shared them, in their entirety, with the appellant. The Ministry did not address the application of sections 14(1)(a), (b) and (f) in its representations. Due to the manner in which I have addressed the application of the other exemptions claimed to the records, it is not necessary for me to determine whether they apply to the records in this decision. The appellant also submitted representations in response to the Notice of Inquiry that I provided to him.

• FIPPA
• 21(1)(f)
• 49(b)
• Section 19
• 2(1)

• crown brief
• litigation privilege