P-600

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 all documentation and materials related to the investigation and review of a complaint made by a named individual (the complainant) against the requester. The complainant alleged that the requester and a fellow officer assaulted him and/or used excessive force while in the course of their duties as police officers.

The Ministry identified 100 pages of materials as constituting the record responsive to the request. Access was denied to 79 pages in total pursuant to sections 14(1)(a) and 21 of the Act. The remaining 21 pages were disclosed in full to the requester. The requester appealed the decision of the Ministry.

Mediation was not successful and notice that an inquiry was being conducted to review the decision of the Ministry was sent to the Ministry and the appellant. Representations were received from both parties. In its representations, the Ministry indicated that it was exercising its discretion under sections 49(a) and (b) of the Act to deny access to the 79 pages. The Ministry also raised the application of the discretionary exemption in section 14(1)(b) of the Act. Because of the manner in which I have disposed of this appeal, it is not necessary for me to consider this section in this order.

• FIPPA
• 2(1) personal information
• 21(3)(b)
• 49(b)

• unjustified invasion of