Document

PO-1664

File #  PA-980251-1
Institution/HIC  Ministry of the Attorney General
Summary

The appellant made a request under the Freedom of Information and Protection of Privacy Act (the Act) to the Ministry of the Attorney General (the Ministry). The request was for access to a copy of the Crown brief, doctors' certificates, the appellant's wife's affidavit, the appellant's daughter's statements and all other relevant information pertaining to charges laid against the appellant. The appellant was charged with two counts of assault with a weapon and four counts of assault causing bodily harm contrary to the Criminal Code of Canada. The charges pertain to allegations of physical abuse by the appellant on his wife, who is now deceased.

The Ministry located 324 pages of records relating to the appellant's request, and denied access to all records pursuant to sections 19, 21, 22(a), 49(a) and 49(b) of the Act.

The appellant appealed the Ministry's decision to deny access to the records.

During mediation of this appeal, the appellant confirmed that he is not seeking access to records which are publicly available. Accordingly, Records 10, 12, 16, 17, 24-30, 140(a), 140 and 141-324 are not at issue in this appeal, and consideration of the application of section 22(a) is not necessary.

Legislation
  • FIPPA
Signed by  Holly Big Canoe
Published  Apr 01, 1999
Type  Order
Judicial Review  Institution's application allowed in part May 8, 2006
Ontario (Attorney General) v. Big Canoe, [2006] O.J. No. 1812, Toronto Doc. 257/99 (Div. Ct.)

Divisional Court Decision
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