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This letter constitutes my Order in your appeal from the decision of the Ontario Human Rights Commission (the "institution") regarding your request for records made under the Freedom of Information and Protection of Privacy Act, 1987, as amended (the "Act").
On January 5, 1990, the undersigned was appointed Assistant Commissioner and received a delegation of the power to conduct inquiries and make Orders under the Act.
The appeal file indicates that on February 27, 1989, you wrote to the institution asking for access to the following:
All notes of [a named Human Rights Officer], taken in the course of his investigation of the complaint by [a named complainant] under the Human Rights Code at, during or arising from all meetings at which the Officer, pursuant to section 32(3)(d) of the Human Rights Code, questioned numerous persons [some unknown to the requester] on matters that are or may be relevant to the complaint. The notes of the Officer will have been made between July 13, 1987 and February 24, 1989. I am aware that notes exist for each interview conducted by [a named Human Rights Officer]. Those interviewed include:
[A list of names followed.]
On March 20, 1989, the institution's Freedom of Information and Privacy Co-ordinator responded to your request as follows:
Access is denied to the notes taken by the Human Rights Officer in accordance with section 14(2)(a) of the Act.
...
This section applies because the notes by the Human Rights Officer constitute reports prepared in the course of a law enforcement investigation.
Access is also denied to the notes taken by the Human Rights Officer in accordance with sections 14(1)(a) and 14(1)(b) of the Act. These sections apply because disclosure of the records could reasonably be expected to interfere with a law enforcement matter.
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