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This is an appeal under the Freedom of Information and Protection of Privacy Act (the Act). The Ministry of the Attorney General (the Ministry) received a request for copies of information which is held in the Attorney General's office pertaining to two named individuals.
The Ministry located 37 records (comprising a total of 78 pages) and denied access to them pursuant to the following exemptions:
advice and recommendations - section 13(1) (Records 1, 4, 6 and 37)
law enforcement - section 14(1)(a) (Record 6)
right to a fair trial - section 14(1)(f) (Record 6)
solicitor-client privilege - section 19 (Records 6 and 37)
invasion of privacy - section 21(1) (Records 3, 8 - 11, 13 - 30 and 32 - 36)
information published or available - section 22(a) (Records 2, 5, 7, 12 and 31)
The index prepared by the Ministry and provided to this office with a copy of the records identified the records by page number, which the Ministry then grouped into documents (i.e. pages 3 - 6 were grouped together in the index to indicate that the particular document consisted of four pages). For ease of reference, I have assigned record numbers to each document (i.e. pages 3 - 6 constitute Record 3). Although I will refer primarily to record numbers in this order, where appropriate, I will also identify the particular page to which the discussion is directed. A brief description of the records at issue is provided at the end of this section.
During mediation, the appellant agreed to exclude Records 1, 2, 7, 12 and 31, which consist of newspaper articles, from the list of records at issue. In addition, the Ministry issued a revised decision letter to the appellant in which it indicated that Records 5 and 6 are subject to a publication ban and are, therefore, excluded from the scope of the Act. In the alternative, the Ministry claimed that sections 14(1)(a) and (f) also apply to Record 5. The appellant did not object to the removal of Records 5 and 6 from the list of records at issue in this appeal and, accordingly, I will not consider them further in this order.
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