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This appeal was received pursuant to subsection 50(1) of the Freedom of Information and Protection of Privacy Act, 1987 (the "Act") which 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) of the Act a right to appeal any decision of a head to the Information and Privacy Commissioner.
The facts of this case and the procedures employed in making this Order are as follows:
1. On January 12, 1988, the Ministry of the Attorney General ("the institution") received a request for access to "the file 'Regina vs [name of the requester]' held by the London Crown Attorney's office. Specifically any and all statements contained in the file with regard to this case".
2. On February 16, 1988, the institution's Freedom of Information Co-ordinator advised the requester that access had been granted to the following records: - Indictment and information; copy of character letters filed by defence counsel; psychiatric reports; copy of criminal record; criminal subpoenas with personal information deleted; Notice of Application for Leave to Appeal; Recognizance of Bail.
The institution also advised the requester that:
"a copy of the preliminary hearing transcript is available. We are denying access under section 22 of the Act. You may request a copy of the transcript from the Court Reporter in the London District Court Office. Your request for 'any and all statements contained in the file' is denied under section 19, subsection 21(1) and Clause 21(3)(b) of the Act. The records were either prepared by or for Crown counsel in contemplation of or use in litigation and/or contain personal information, the disclosure of which would constitute an unjustified invasion of personal privacy. In addition we feel subsections 14(1) and 14(2) of the Act also apply".
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