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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 all documents relating to an investigation of a senior Ministry employee. The requester, who is also employed by the Ministry, had filed a complaint with the institution about the employee's conduct. The basis for the investigation was an allegation that the senior Ministry employee had misused public funds.
The Ministry identified a covering memorandum, a 14-page investigation report, and 15 attachments to the report as the records which were responsive to the request. Each of these attachments represents a witness statement provided by a Ministry employee during the course of the investigation. The Ministry granted access to several portions of the report but refused to disclose the remaining parts and the attachments pursuant to the exemption found in section 49(b) of the Act. The requester appealed the Ministry's decision.
During the course of the appeal, the appellant agreed not to pursue access to Attachments 1 through 9. The records which remain at issue, therefore, are a covering memorandum dated March 31, 1993, the investigation report itself, as well as Attachments 10 through 15.
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, the employee whose conduct was investigated (the primary affected person) and five employees who provided witness statements to the Ministry's investigator (the other affected persons). Representations were received from the appellant, the Ministry, the primary affected person and one of the other affected persons.
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