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Document
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PO-1658
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File #
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PA-980255-1
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Institution/HIC
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Ministry of the Solicitor General and Correctional Services
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Summary
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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 information Arelating
to the take over of municipal policing duties by the Ontario Provincial Police@ (the OPP).
Specifically, the request was for:
(1) What ranks have been assigned by the OPP to former Chiefs of Police of
police services disbanded in favour of OPP policing, during the period 1988
to present time?
(2) What is the highest educational level held by former Chiefs of Police at the
time of joining the OPP?
The Ministry denied access to the requested information on the basis that it falls outside the scope of
the Act pursuant to section 65(6). In its decision letter the Ministry provided the requester with
some background information about the rank determination process, including a statement that Athe
Rank Determination Board has concluded that Chiefs of Police be appointed at the ranks of
Constable, Sergeant, Staff Sergeant and Inspector.@
The requester, now the appellant, appealed this decision. He specified that he is not seeking
information about individual former municipal Chiefs of Police. Rather, he wants to know how may
former Chiefs were assigned to each rank upon joining the OPP, and the numbers who had achieved
each level of formal education at that time.
A Notice of Inquiry was sent to the Ministry and the appellant, and representations were received
from both parties. The issue of whether the Ministry had conducted a reasonable search for all
responsive records was included in the Notice, however this issue was subsequently resolved and
does not need to be addressed in this order.
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Legislation
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Signed by
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Tom Mitchinson
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Published
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Mar 08, 1999
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Type
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Order
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Judicial Review
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Institution's application dismissed by Divisional Court March 20, 2000
Institution's appeal allowed by Court of Appeal August 8, 2001
IPC's application for leave to appeal to the Supreme Court of Canada dismissed June 13, 2002
Solicitor General and Minister of Correctional Services v. Mitchinson, Toronto Doc. 209/99 (Div. Ct.)
Institution's motion for leave to appeal granted June 29, 2000, Toronto Doc. M25700 (C.A.) Court of Appeal File No. C34561.
Ontario (Solicitor General) v. Ontario (Assistant Information and Privacy Commissioner) (2001), 55 O.R. (3d) 355, 203 D.L.R. (4th) 538, O.J. No. 3223 (C.A.), reversing [2000] O.J. No. 1974 and Toronto Docs. 698/98 and 209/99 (Div. Ct.), leave to appeal to S.C.C. refused (June 13, 2002), Doc. 28853 (S.C.C.)
Divisional Court Decision
Court of Appeal Decision
S.C.C. Decision
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Information and Privacy Commissioner of Ontario. All Rights Reserved.
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