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On September 17, 1990, the Ministry of the Solicitor General (the "institution") received a request for access to an internal investigation report resulting from an investigation conducted at a particular Ontario Provincial Police detachment. Access was also sought to any notes, statements or reports related to the main report. The requester is a member of the detachment staff.
The record identified by the institution as responding to the request consists of an 11 page report and 38 pages of hand written notes related to interviews conducted with staff members of the detachment.
Access was granted to notes related to information provided by the requester during the course of his interview (pages FI00003 and FI00004 of the record). Access to the balance of the record was denied on the basis that disclosure would constitute an unjustified invasion of the privacy of other individuals. The institution relied upon sections 21(2)(f) and (h) and 21(3)(g) of the Freedom of Information and Protection of Privacy Act (the "Act") to deny access.
The requester appealed the institution's decision through an agent (the "appellant").
Notice of the appeal was given to the institution and the appellant. The Appeals Officer assigned to the case obtained and reviewed a copy of the record.
As mediation efforts were not successful, notice that an inquiry was being conducted to review the head's decision was sent to the institution and the appellant. Notice was also given to 34 persons whose interests could be affected by the disclosure of the record (the "affected persons"). An Appeals Officer's Report, which is intended to assist the parties in making representations to the Commissioner regarding the subject matter of the appeal, accompanied the Notices of Inquiry.
Prior to the receipt of representations by this office, the institution released the first three paragraphs on page FI00046 of the record, which were headed by the requester's name.
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