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This appeal was received pursuant to subsection 50(1) of the Freedom of Information and Protection of Privacy Act, 1987, (the "Act") which gives a person who has made a request for access to a record under subsection 24(1), or to personal information under subsection 48(1), a right to appeal any decision of a head to the Commissioner.
On January 5, 1990, the undersigned was appointed Assistant Commissioner and received a delegation of the power to conduct inquiries and make Orders under the Act.
The facts of this case and the procedures employed in making this Interim Order are as follows:
1. By letter dated August 30, 1989, a request was made to the Ministry of the Attorney General (the "institution") for the following information:
RE: New Brunswick Department of Justice and Lieutenant Governors' warrant of New Brunswick
I would like to receive copies of any letters, memos, reports, notes, etc., between the Department of Justice of the Provinces of Ontario and New Brunswick in reference to the transfer of a Lieutenant Governors' warrant in reference to myself.
Such reports, letters, memos, notes, etc. should be involved with the years 1987, 1988 and 1989.
2. On October 6, 1989, the institution wrote to the requester and granted partial access to the requested records. The head's response stated:
Access is denied in part pursuant to subsection 15(a) as disclosure would prejudice the conduct of intergovernmental relationships by the Government of Ontario or an institution; subsection 15(b) as disclosure would reveal information received in confidence from another government.
Access is denied in part also under section 19 as the record is subject to solicitor-client privilege, and section 13 as disclosure would reveal advice or recommendations of a public servant.
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