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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 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 all records relating to a charge of sexual assault laid against the requester's former husband (the named individual). The requester indicated that she was requesting access to the file on behalf of herself and her 11 year old child, who was the victim of the alleged assault.
The Ministry granted partial access to the records, citing section 21 to deny access to a psychological assessment of the named individual and parts of three pieces of correspondence where reference was made to the psychological assessment; sections 19 and 21 to deny access to a statement of the named individual; and sections 14(2)(a), 19 and 21 to deny access to a record prepared by a police officer. The requester appealed the Ministry's decision.
During mediation of this appeal, the Ministry provided partial access to the named individual's statement, and the appellant indicated that she was not seeking access to the psychological assessment. Further mediation of the appeal was not successful, and notice that an inquiry was being conducted to review the Ministry's decision was sent to the appellant, the Ministry and the named individual. Written representations were received from the Ministry and the appellant.
The Ministry did not make representations in support of its application of sections 19 and 21 to the record prepared by the police officer. Because section 21 is a mandatory exemption, I will consider its application to this record. Section 19 is a discretionary exemption, however, and its application to this record will not be considered in the absence of representations in support of the Ministry's position.
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