Document

P-407

File #  P-9200160
Institution/HIC  Ministry of the Attorney General
Summary

The Thunder Bay Police Force (the Police) received a request for access to information related to an investigation of an assault allegation arising from an incident which occurred in November 1987. The requester is the son of the individual who is alleged to have been assaulted. The requester provided the Police with a document signed by his mother indicating that she consented to his acting on her behalf.

The Police determined that records responsive to part of the request - specifically, records of the Crown Attorney's Office - would be held by the Ministry of the Attorney General (the Ministry). Accordingly, the Police transferred this part of the request to the Ministry, for processing under the Freedom of Information and Protection of Privacy Act (the Act). This appeal relates only to the part of the request that was transferred to the Ministry.

The Ministry compiled the responsive records in a package numbered from pages 1-79 (pages 75-78 are duplicates of pages 52-55) and responded to the request by granting access to several documents and denying access to several others, either in whole or in part, pursuant to sections 13, 19 and 21 of the Act. The requester appealed the Ministry's decision.

During mediation, the Ministry agreed to release pages 52-55 to the appellant but the appeal could not be completely resolved. Accordingly, notice that an inquiry was being conducted to review the Ministry's decision was sent to the appellant and the Ministry. Representations were received from both parties.

In its representations, the Ministry indicated that its discretion to deny access to the records was exercised pursuant to section 49(a) of the Act.

The records which remain at issue, together with the exemptions claimed, are as follows:

Pages 7-11, 17-23, 31-32 access denied pursuant to sections 13(1) and 19 of the Act;

Part of page 71 access denied pursuant to section 21 of the Act.

Legislation
  • FIPPA
  • 2(1) personal information
  • 2(1) personal information (d)
  • 2(1) personal information (g)
  • 2(1) personal information (h)
  • 21(1)(f)
  • 21(3)(b)
  • Section 19
Subject Index
Signed by  Asfaw Seife
Published  Jan 29, 1993
Type  Order
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