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On October 1, 1992, the undersigned was appointed Inquiry Officer 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 (the Act) and the Municipal Freedom of Information and Protection of Privacy Act.
BACKGROUND:
The Ministry of the Solicitor General (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to a copy of the record relating to the investigation of a motor vehicle accident in which five persons were killed. In particular, the requester was seeking access to any information relating to the blood alcohol levels of the five deceased persons.
The Ministry denied access to portions of the record, including the blood alcohol levels, pursuant to sections 14(1)(l), 14(2)(a) and/or 21 of the Act. The requester appealed the Ministry's decision.
During mediation, the scope of the appeal was narrowed to include only the results of the blood alcohol analyses of the five deceased persons which had been severed from a one page document identified as "Report of the Centre of Forensic Sciences". The Ministry claimed sections 14(2)(a) and 21 as the bases for exempting this information.
Further mediation was not successful and notice that an inquiry was being conducted to review the Ministry's decision was sent to the appellant and the Ministry. Written representations were received from the Ministry.
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