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On July 8, 1991, the undersigned was appointed Assistant Commissioner and received a delegation of the power and duty to conduct inquiries and make orders under the Freedom of Information and Protection of Privacy Act, 1987 (the "Act").
BACKGROUND:
On September 17, 1990, the Ministry of the Solicitor General (the "institution") received a request for access to:
...any information regarding records of investigation or any criminal judgement of any Provincial court that has issued against [the appellant].
On September 25, 1990, in conversation with a representative of the institution, the requester agreed that the search for responsive records would be conducted in the following major investigative branches within the institution:
1. Criminal Investigations Branch
2. Intelligence Branch [reference was also made to a particular police sergeant]
3. Drug Enforcement Branch
4. Anti-Rackets Branch
5. Technical Support Branch
On October 11, 1990, the institution advised the requester that the existence of the record would neither be confirmed nor denied in accordance with sections 49(a) and 14(3) of the Act.
The requester appealed the institution's decision. Notice of the appeal was given to the institution and the appellant. An Appeals Officer was assigned to investigate the circumstances of the appeal and attempt to mediate a settlement.
During the course of mediation, the appellant withdrew his request for information regarding criminal judgements of the Provincial Court, narrowing the scope of the appeal to records relating to investigations conducted against the appellant.
Because further mediation was not possible, notice that an inquiry was being conducted to review the head's decision was sent to the appellant and the institution. An Appeals Officer's Report, which is intended to assist the parties in making any representations to the Commissioner concerning the subject matter of the appeal, accompanied the Notice of Inquiry.
Written representations were received from the appellant and the institution.
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