P-412

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 boating accident in which two persons were killed. In particular, the requester was seeking access to any information relating to the blood alcohol and tetrahydrocannabinol (THC) levels of the two deceased persons.

The Ministry denied access to portions of the record, including the blood alcohol and THC levels, pursuant to section 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 and THC analyses of the two deceased persons which had been severed from a one page document identified as "Report of the Centre of Forensic Sciences". The Ministry claimed section 21 as the basis 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 and the appellant.

• FIPPA
• 2(1) personal information
• 21(1)(f)
• 21(2)(d)
• 21(3)(a)

• Medical, Psychiatric or Patient Records
• medical, psychiatric or psychological history
• relevant to a fair determination of rights