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The Ministry of the Solicitor General (the "institution") received a request under the Freedom of Information and Protection of Privacy Act (the "Act"). The requester sought access to the results of an investigation by the Ontario Provincial Police (the "OPP") into allegations of assault made by him against an OPP constable with regard to an incident at a conservation area. The allegations of assault were investigated by the OPP Criminal Investigation Branch under the Police Act, which was in force at that time.
After receiving the request, the institution clarified with the requester that he was only seeking access to notes of the officer who investigated the complaint; statements taken during the investigation; notes and memoranda relating to the complaint; and audio-visual material.
The institution granted access to some records. Access to the remaining records was denied, either in whole or in part, under sections 14(1)(a), 14(2)(a), 19 and 21(1)(f) of the Act.
The requester appealed the institution's decision to this office.
During the course of mediation, several additional records were released to the appellant. Further attempts at mediation proved unsuccessful. Accordingly, notice that an inquiry was being conducted to review the decision of the head was sent to the appellant, the institution, and eight persons identified in the record (the "affected persons"). Enclosed with each notice was a report prepared by the Appeals Officer, intended to assist the parties in making their representations concerning the subject matter of the appeal. In the Appeals Officer's Report, documents to which the appellant was granted partial access were described as "Severances"; and documents to which the appellant was denied access in their entirety were described as "Records". For consistency, I will continue to use this terminology.
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