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Document
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PO-1796
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File #
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PA-990167-1
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Institution/HIC
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Ministry of the Solicitor General
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Summary
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BACKGROUND: In 1997, the appellant and her former common-law spouse were involved in an altercation which resulted in an investigation by officers of the Ontario Provincial Police (the OPP). No charges were laid as a result of this investigation. The appellant then initiated a series of complaints against the investigating officers under Part V of the Police Services Act (the PSA ). NATURE OF THE APPEAL: The Ministry of the Solicitor General and Correctional Services (the Ministry) received a four-page request under the Freedom of Information and Protection of Privacy Act (the Act ) for access to records relating to the appellant's involvement with the OPP detachments in Guelph, London, Mount Forest and Orillia and it's Complaints Department. The requested records relate to the appellant's 1997 allegations of assault against her former common law spouse (the affected person) and her complaints about the manner in which the OPP handled the investigation of those allegations. Specifically, the appellant sought access to "all documents, police notes, statements, any other supplementary notes/information and a copy of my video done November 16, 1997 at Guelph OPP . . . and arrest package info that OPP supplied to Crown Attorney." The request included a list of dates when the requester contact with various named police officers at each detachment between March 23, 1997 and December 18, 1998. The Ministry located 260 pages of responsive records, as well as the videotape requested and an audiotape. The Ministry granted partial access to these records. Access to the remaining records was denied, in whole or in part. The Ministry indicated that it was relying on the application of the following exemptions contained in the Act to the records: • section 14(1)(l) - facilitate commission of an unlawful act; • section 14(2)(a) - law enforcement; • section 15(a) - relations with other governments; • section 19 - solicitor-client privilege; • sections 21(1) and 49(b) - invasion of privacy; • section 49(a) - discretion to refuse requester's own information. The Ministry also claimed that, because of the operation of section 65(6) of the Act , records relating to the investigation undertaken by the OPP's Professional Standards Branch fall outside the ambit of the Act . Information which was not related to the subject matter of the request was also severed from the records. The requester, now the appellant, appealed the Ministry's decision to deny access to the records and stated that additional records responsive to the request should exist. During the mediation of the appeal, a number of duplicate records were identified and it was confirmed by the Mediator that the appellant was not seeking access to any duplicate records. In addition, the Ministry provided the appellant with an explanation as to why certain records which she felt should exist were not included in the list of responsive records. The Ministry also agreed to disclose a number of records following the conclusion of the investigation into the appellant's complaint to the Ontario Civilian Commission on Police Services (OCCOPS) which had been withheld under section 65(6) of the Act . During the mediation stage of the appeal, the appellant agreed not to pursue her appeal with regard to those records or portions of records which were not responsive to her request or to records which had already been provided to her. As the appellant also indicated that she was no longer seeking access to the "police codes" included in the records, section 14(1)(l) is no longer at issue in the appeal. Similarly, the Ministry advised that it was no longer relying on the exemption in section 15(a). This exemption is, therefore, no longer at issue in this appeal. Following the completion of mediation, the records which remain at issue consist of the audiotape, Records 8-24, 54, 88, 125-154, 161-164, 167, 168, 182-189 and 191 in their entirety, and the undisclosed portions of Records 25-53, 55-58, 60-70, 77-87 and 95-125. I provided a Notice of Inquiry to the appellant, the Ministry and to another individual whose interests may be affected by the disclosure of the information contained in the records (the affected person). The affected person and the Ministry provided me with written representations while the appellant made brief oral submissions to this office through the Tribunal Administration Co-ordinator. DISCUSSION: JURISDICTION The Ministry submits that Records 8 to 24, 126 to 154, 167, 168, 182 to 189 and 191 fall outside the ambit of the Act due to the operation of section 65(6)3 and (7). These provisions read: (6) Subject to subsection (7), this Act does not apply to records collected, prepared, maintained or used by or on behalf of an institution in relation to any of the following: 3. Meetings, consultations, discussions or communications about labour relations or employment-related matters in which the institution has an interest. (7) This Act applies to the following records: An agreement between an institution and a trade union. An agreement between an institution and one or more employees which ends a proceeding before a court, tribunal or other entity relating to labour relations or to employment- related matters. An agreement between an inst
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Legislation
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FIPPA
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Section 19
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21(3)(b)
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65(6)3
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Subject Index
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Signed by
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Donald Hale
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Published
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Jun 29, 2000
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Type
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Order
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2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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