PO-2037

The appellant submitted a request under the Freedom of Information and Protection of Privacy Act (the Act) to the Ministry of the Attorney General (the Ministry) for access to

. . . an up to date accounting of costs incurred as the result of bringing witnesses from [a foreign country] to Canada to testify at the 1999 preliminary hearing and murder trials in . . . 2000 and in 2001 of [named individual (the affected person)]. Expenditures to be broken down into total airfare, accommodations, meals, miscellaneous expenses.

In response, the Ministry advised the appellant that it was denying access to the responsive records in full. The Ministry stated that "the matter is before the courts" and that "the fair trial interests of the [affected person] outweigh any discretionary basis for granting access at this time." The Ministry cited the following exemptions as the basis for its decision: section 14(1)(a) (interference with a law enforcement matter), section 14(1)(f) (deprivation of the right to a fair trial), section 19 (solicitor-client privilege) and 21 (personal privacy). Finally, the Ministry stated that the appellant "may wish to submit a new request at the conclusion of the criminal trial at which point different considerations may apply."

The appellant then appealed the Ministry's decision to this office.

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• FIPPA