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The Ministry of the Solicitor General (now the Ministry of the Solicitor General and Correctional Services) (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for a coroner's report conducted in November 1978 pertaining to an individual who was shot.
The Ministry granted access to some parts of the report but withheld the remaining portions pursuant to sections 21(1), 21(2)(f) and 21(3)(a) and (b) of the Act. The requester appealed the Ministry's decision.
During the course of the appeal, the appellant informed the Commissioner's Office that he represented two individuals who were convicted of shooting the deceased. The appellant then indicated that these individuals are currently serving life sentences for murder and are seeking to have their sentences judicially reviewed. The appellant also provided the Commissioner's Office with a signed authorization confirming that he represented one of the individuals. A second authorization was, however, never received.
As the appeal progressed through the mediation stage of the process, the Ministry released the Warrant to Bury the Body of a Deceased Person. 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. Representations were received from the Ministry only.
On August 6, 1993, while these representations were being considered, Commissioner Tom Wright issued Order M-170 which interpreted several statutory provisions of the Municipal Freedom of Information and Protection of Privacy Act in a way which differed from the interpretation developed in previous orders. Since a new approach to the operation of the Act was being adopted and because similar statutory provisions are at issue in the present appeal, it was determined that copies of Order M-170 should be provided to the appellant and the Ministry. The parties were then afforded the opportunity to state whether the contents of Order M-170 would cause them to change or to supplement the representations which they had previously made. Further representations were received from the Ministry.
The record at issue in this appeal consists of a 17-page document which includes a Warrant for Post Mortem Examination, a Report of the Post Mortem Examination, the Coroner's Investigation Statement, the Medical Certificate of Death, a Report of the Centre of Forensic Sciences and photographs of the deceased.
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