|
Summary
|
|
On April 25, 1989, a request was received by the Ministry of the Attorney General (the "institution") under the Freedom of Information and Protection of Privacy Act, 1987, as amended (the "Act"). The requester sought access to:
Copy of any and all files, correspondence, documentation, reports etc. including memoranda, notes, notes of telephone conversations with or about [the requester], records of meetings, investigations, hearings, etc. regarding [the requester] at which she was or was not present, transcripts, electromagnetic recordings, photostatic recordings, facsimile transmissions, performance appraisals, position descriptions, grievances, medical records, etc. held in any location pertaining to [the requester].
On June 20, 1989, the institution provided access to part of the requested records and responded to the balance of the request in the following manner:
Access to part of the record is denied under subsection 22(a) of the Act as these documents are a matter of public record. The documents in question were documents submitted in the course of your hearing such as factums submitted by your counsel, exhibit book, motion record, transcripts of hearing, etc. Either you or your counsel have been served with a copy of these documents.
The Ministry also has in its custody additional documents (approximately 45) that originated with the Ministry of Labour. Since that Ministry has a greater interest in these records a decision on these documents will be made when they respond to the request you made with that Ministry.
On July 12, 1989, the requester appealed the decision of the institution pursuant to subsection 50(1) of the Act. This subsection gives a person who has made a request for access to a record under subsection 24(1) or a request for access to personal information under subsection 48(1) a right to appeal any decision of a head of an institution under the Act to the Commissioner. In her letter of appeal the appellant stated:
I appeal the denial, under subsection 22(a) of the Act, of access to important documents which are part of the record... What are the particulars with respect to names, dates, times and places of all documents relied upon to support Mrs. Maillard's [the institution's Freedom of Information Co-ordinator] contention that either I or my counsel have been served with 'factums submitted by your counsel, exhibit book, motion record, transcript of hearing etc.'? I request that you cause the Ministry of the Attorney General to produce and to forward these documents to me.
... I request that these 'additional documents (approximately 45) that originated with the Ministry of Labour' be released and forwarded to me from the custody of the Ministry of the Attorney General.
On July 20, 1989, notice of the appeal was given to the institution and the appellant.
...
|