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The Ministry of the Solicitor General (the institution) received a request for access under the Freedom of Information and Protection of Privacy Act (the Act) to all information held by the institution relating to investigations pertaining to the requester. In particular, the requester sought access to information relating to his murder investigation and to his arson and fraud investigation.
The record which the institution identified as being responsive to the request consisted of 593 pages. A total of 282 pages were released to the appellant in their entirety. Access to the remaining 311 pages was denied, in whole or in part, pursuant to sections 14(1)(c) and (e), 14(2)(a), 15(b), 21(1)(f), 49(a) and/or 49(b) of the Act.
During the course of mediation, an additional 243 pages were identified by the institution as being responsive to the request. The institution released 201 of these pages to the appellant, and denied access to the other 42 pages, either in whole or in part, claiming sections 14(2)(a), 19, 21, 49(a) and/or 49(b) of the Act.
The requester appealed the institution's decision to deny access.
Further mediation of the appeal was not successful, and the matter proceeded to inquiry. Notice that an inquiry was being conducted to review the decision of the head was sent to the institution, the appellant and his solicitor, the Federal Department of Justice and the Royal Canadian Mounted Police (the R.C.M.P.). Written representations were received from the appellant's solicitor, the institution and the Department of Justice.
In its representations, the institution abandoned its claim under section 14(1)(c). The institution also altered its position with respect to the application of certain exemptions to specific pages of the record during the inquiry stage.
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