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The Ontario Native Affairs Secretariat (the Secretariat) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to:
The comprehensive land claim by 5000 Algonquin Indians...research documents, maps showing lands claimed in Ontario, studies, documents on historical situations and matters pertaining to this claim... Also any negotiations policy documents, claims issue documents, any written agreements between the province and federal government on this claim.
The Secretariat did not respond to the request within the prescribed 30 day period under section 28(7) of the Act and the appellant appealed the deemed refusal to provide access. The Secretariat later issued a decision letter in which it refused to provide access to a particular report on the basis of sections 13(1), 17(1), 19, 21(3)(d) and (g) and 22(a) of the Act. The Secretariat subsequently claimed sections 18(1)(d) and (e) as further exemptions in relation to that report.
The Secretariat then made the decision to release approximately 1,000 pages of additional records to the appellant.
Finally, the Secretariat issued a fee estimate of $1,480 to apply to a third category of documents relating to "negotiation policy and interprovincial agreements".
As the appeal progressed, the appellant submitted a request for a fee waiver with respect to this third category of documents under sections 57(4)(b) and (c) of the Act, which the Secretariat subsequently denied. During the course of mediation, the appellant provided documentation respecting his financial status in support of his request for a fee waiver. Following a review of these materials, the Secretariat reiterated its decision not to waive the fee.
The appellant also asserted that there is a public interest in the disclosure of all documents that were the subject of his request pursuant to section 23 of the Act.
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