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Summary
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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 information regarding any charges relating to the requester, including any wiretap application records. In particular, the requester sought access to information relating to arson and fraud investigations, the murder conviction against him, and any appeals of the murder conviction.
The records which the Ministry identified as being responsive to the request were located in two of the Ministry's departments: the Crown Law Office, Criminal (the Crown Law Office file), and the Office of the Director of Criminal Prosecutions (the Criminal Prosecution file).
The Crown Law Office file consists of 25 records plus an additional 102 numbered pages. The Ministry claims section 22(a) of the Act as the basis for exempting the 25 records. As far as the numbered pages are concerned, the requester was provided with access to pages 70-80 (with the exception of pages 78A through 78F); the remaining pages were withheld by the Ministry pursuant to sections 13(1), 14(1)(c), 14(1)(d), 14(1)(e) and 19 of the Act.
The Criminal Prosecution file consists of a 357-page package plus an additional 133 numbered pages. The package was withheld by the Ministry in its entirety under section 15(b) of the Act. As far as the additional pages are concerned, the requester was provided with access to the following pages: 52-55, 62, 64, 68, 69, 72-77, 84 and 97-132; access to the remaining numbered pages, 1-51, 56-61, 63, 65-67, 70-71, 78-83, 85-96 and 133, was denied pursuant to sections 19 and/or 21 of the Act.
The existence of any wiretap application records was neither confirmed nor denied, pursuant to section 14(3) of the Act.
The requester appealed the Ministry's decision to deny access, and to refuse to confirm or deny the existence of any wiretap application records.
Mediation of the appeal was not successful, and notice that an inquiry was being conducted to review the Ministry's decisions was sent to the Ministry, the appellant, the appellant's counsel, the Royal Canadian Mounted Police (RCMP), and Metropolitan Toronto Police (the Police). Written representations were received from all parties.
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