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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 records relating to "a product known as 'Skratch'".
The Ministry contacted the requester to clarify his request. Further clarification was provided by the requester who identified particular records relating to a different product, as being responsive to his request.
The Ministry responded by providing the requester with partial access to the records. Access was denied to the remainder of the records pursuant to sections 14, 19 and 21 of the Act. The requester appealed the Ministry's decision to deny access and indicated that he believed more records exist which are responsive to his request.
During mediation, the Ministry conducted a further search for the records and confirmed that no other responsive records were found.
The record which the Ministry identified as being responsive to the clarified request consists of 142 pages. The requester was given access to 113 pages in their entirety. The pages of the record which remain at issue are pages 114-142. These pages were withheld in their entirety and consist of Confidential Instructions for Crown Attorney (page 114), an internal Ontario Provincial Police memorandum (pages 115-118), handwritten notes of a Crown Attorney (pages 119-128), Arrest/Charge/ Show Cause reports (pages 129, 134 and 136), computer printouts of criminal records (pages 130-132, 135 and 142), summons to a witness (page 133) and Occurrence Reports (137-141).
Further mediation was not successful, and notice that an inquiry was being conducted to review the Ministry's decision was sent to the Ministry and the appellant. Written representations were received from both parties.
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