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 access to:
1. A self-defence manual used by the staff training and development branch of the Ministry in 1986.
2. The report of an internal investigation surrounding an incident where a member of the management staff of a correctional facility was found to have used excessive force to subdue an inmate.
The Ministry advised the requester, pursuant to section 29(1)(a) of the Act, that copies of the 1986 manual do not exist. In response to the second part of the request, the Ministry located an 11 page report to which was appended a "List of Attachments" and the 26 actual attachments. The Ministry denied the requester access to these records in full pursuant to the exemptions provided by sections 14(2)(a) and (d), 21, and 49(a) and (b) of the Act. The requester appealed the decision.
During mediation, the appellant agreed not to pursue the first part of the request and the Ministry disclosed Attachments 4 and 15 of the records to the appellant. Further mediation was not successful, and notice that an inquiry was being conducted to review the Ministry's decision was sent to the appellant, the Ministry, and the 13 affected persons whose names were contained in the record. Representations were received from the Ministry only.
In its representations, the Ministry withdrew the section 14(2)(a) exemption, but added sections 13(1) and 14(1)(j) of the Act to the list of exemptions claimed.