PO-2416

The Ministry of the Attorney General (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to all records maintained by the Special Investigation Unit (SIU) in relation to the death of the requester’s common law spouse who died while in the custody of the London Police.

The Ministry located a large number of responsive records and granted partial access to them. Access to the remaining records and parts of records was denied pursuant to the discretionary exemption in section 14(2)(a) (law enforcement) and the mandatory exemption in section 21(1) of the Act, taken in conjunction with the presumption in section 21(3)(b) (information compiled as part of an investigation undertaken into a possible violation of law).

The requester, now the appellant, appealed the decision by the Ministry.

During the mediation stage of the appeal, the Ministry provided the appellant with a copy of its index of records. No other issues were resolved and the matter was moved into the adjudication stage of the process.

I sought and received the representations of the Ministry initially, and shared them, in their entirety, with the appellant. I also received representations from the appellant, which were in turn shared with the Ministry. In her submissions, the appellant raised the possible application of the "public interest override" provision in section 23 of the Act to the records. Accordingly, I asked for and received additional submissions from the Ministry on this issue.

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• FIPPA
• 14(1)(l)
• 14(2)(a)
• 15(b)
• 2(1) personal information
• 49(a)

• municipal government