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On October 10, 1989, Cabinet Office received a request for access to copies of records seized by the Ontario Provincial Police (the "OPP") from the office of a former employee of the Office of the Premier. The OPP were investigating allegations regarding the conduct of the employee. The requester indicated that she was interested in those records which had been identified by the OPP as being of special interest to the investigation.
Although the original request was made to Cabinet Office and all correspondence during the course of responding to the request and conducting the appeal was issued by Cabinet Office, the Freedom of Information and Privacy Co-ordinator for the Cabinet Office (who holds the same position in the Office of the Premier) has agreed that the "institution", for the purposes of this appeal, is the Office of the Premier.
Initially, the Co-ordinator advised the requester that the existence of the records would neither be confirmed nor denied in accordance with the provisions of section 14(3) of the Freedom of Information and Protection of Privacy Act (the "Act"). The requester appealed this decision and notice of the appeal was sent to the institution and the appellant.
During the course of mediation, the institution withdrew its claim for exemption under section 14(3) of the Act and advised the appellant that many of the requested records were not in the custody or control of the institution and therefore were not subject to the Act. The Co-ordinator further advised that of those records which were in the custody or control of the institution, access was denied under sections 12, 13, 14, 17, 19 and 21 of the Act.
Attempts at further mediation of the appeal were not successful. Accordingly, notice that an inquiry was being conducted to review the institution's decision was sent to the institution and the appellant. An Appeals Officer's Report, which is intended to assist the parties in making any representations to the Commissioner concerning the subject matter of the appeals, accompanied the Notice of Inquiry.
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