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Summary
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On October 3, 1990, the Ministry of the Solicitor General (the "institution) received a request under the Freedom of Information and Protection of Privacy Act, 1987 (the "Act"). The requester indicated that he wished to have access to the following record contained in the Professional Standards Branch of the Ontario Provincial Police in Toronto, Ontario:
Complaint file 253-10-90-0191 [requester's name] including statements, will say, court brief, officers notes, all internal and external correspondence, all letters and memo.
On November 28, 1990, the institution responded to the request in the following manner:
Partial access is granted to information concerning your request. Access is denied to investigative notes, witness and complainant statements, information prepared for use in Police Act hearings, and other personal information which could constitute an unjustified invasion of privacy if disclosed pursuant to subsections 13(1), 14(1)(a), 14(2)(a), 19, 21(1)(f)....
The record totals 1,245 pages and consists of witness statements, investigative notes, and other documents which form part of the institution's investigation file into a complaint by a named individual against the appellant under the Police Act.
The Police Act was repealed on December 31, 1990 and was replaced by the Police Services Act. I am informed by the institution that the proceedings relevant to this appeal are being conducted, by agreement of all parties, under the Police Act.
The appellant was provided with total access to 188 pages of the record, and partial access to an additional 18 pages. The remaining 1,039 pages were not disclosed.
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