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On October 1, 1992, the undersigned was appointed Inquiry Officer and received a delegation of the power and duty to conduct inquiries and make orders under the provincial Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act.
BACKGROUND:
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 "the prosecution case file and exhibits" entered at a criminal trial involving the requester. The record which the Ministry identified as being responsive to the request consisted of 92 pages. The Ministry gave total access to a portion of the record (31 pages), and denied access to the remaining pages, in whole or in part, pursuant to sections 14, 15, 19, and 21 of the Act.
The requester appealed the decision of the Ministry to withhold the remaining pages of the record.
During mediation of the appeal, the appellant agreed not to pursue access to certain pages of the record, and the Ministry disclosed to him other additional pages of the record. A total of 25 pages remain at issue. These pages are:
Parts of 13, 32, 33, 35; all of 40, 41, 42 and 43; parts of 51; all of 52, 53 and 54; parts of 58, 64, 66, 68, 75 to 80 inclusive, 82, 85 and 92.
Complete settlement of the appeal was not possible, and notice that an inquiry was being conducted to review the Ministry's decision was sent to the appellant and the Ministry. Written representations were received from both the Ministry and the appellant.
In its representations, the Ministry indicated that its discretion to deny access to the remaining pages of the record was exercised under section 49 of the Act.
The Ministry has made no representations with respect to the application of the discretionary exemptions under sections 14 and 15; therefore, these sections will not be considered in this order.
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