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Summary
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The Ministry of the Attorney General (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for a copy of records relating to "all instances in which the Attorney General has been asked to order an investigation into an alleged hate crime or to consent to a prosecution under the hate law of the Criminal Code".
The Ministry located 269 records, totalling approximately 2968 pages, which were responsive to the request. The Ministry granted partial access to approximately 920 pages, claiming exemptions pursuant to sections 14(1)(a), (b), 19 and 21 of the Act for the undisclosed information. The Ministry denied access in full to 48 pages pursuant to section 21 of the Act and approximately 1400 pages pursuant to both sections 20 and 21 of the Act. In addition, 200 of the 1400 pages to which access was denied under section 20 of the Act were also denied pursuant to sections 14(1)(a) and (b). Finally, the Ministry denied access to approximately 600 pages pursuant to section 22(a) of the Act and informed the appellant that it would indicate where this information was publicly available. The appellant appealed the Ministry's decision to deny access.
During mediation, the Ministry provided the appellant with information with respect to the location of the 600 pages of publicly available records. In addition, the appellant advised the Appeals Officer that she did not require:
(1) any personal information, with the exception of the personal identifiers of individuals who appeared to be acting in their professional or employment capacities at the time the records were created (Records 3-4, 14, 21, 30-31, 34, 37, 60, 62-64, 68, 70, 72-73, 76-79, 87, 91-92, 99, 111, 145, 159-160, 166, 172, 174-175, 177, 178-180, 185, 197-198, 202, 205-207, 210, 221, 224, 228-229, 233, 250 and 255);
(2) any records which were currently the subject of an ongoing law enforcement matter or investigation for which the section 14(1)(a) and (b) exemptions had been claimed; and
(3) the records to which section 19 of the Act had been applied, except Records 224 and 245.
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