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 the contents of the requester's probation file since his release from a correctional facility. In particular, the requester sought access to any psychological reports and assessments contained in the file.
The Ministry identified a total of 81 pages of records that were responsive to the request and granted access to 68 of these pages in full. The Ministry decided, however, to withhold portions of the remaining 13 pages by virtue of the following exemptions contained in the Act:
information about an individual under the control of a correctional authority - section 14(2)(d)
danger to the safety or health of an individual - section 20
invasion of privacy - section 21
danger to mental or physical health of the requester - section 49(d).
During the mediation stage of the appeal, the requester (now the appellant) indicated that the focus of his appeal now related solely to the psychological assessments contained in his file.
This appeal could not be further mediated and notice that an inquiry was being conducted to review the Ministry's decision was sent to the Ministry, the appellant and to two individuals whose interests might be affected by the outcome of the appeal (the affected persons). Formal representations were received from the Ministry and the two affected persons only. The appellant asked that the information which he had previously provided to Commissioner's office serve as his representations.