MO-1680

The requester made a request to the Toronto Police Services Board (the Police) under the Municipal Freedom of Information and Protection of Privacy Act (the Act) for access to copies of all records relating to a complaint he made to the Police about a possible fraud involving a named individual (the affected person).

The Police identified 32 pages of responsive records and issued a decision letter to the requester granting access to some of the records, either in whole or in part. The Police denied access to the remaining records (or parts thereof), which consist of occurrence reports, CPIC printouts, a letter, the back of a cheque and entries in two police officers’ notebooks. The Police claimed that these records qualified for exemption under the following provisions of the Act:

• section 38(a) (discretion to refuse requester’s own information) in conjunction with sections 8(1)(l) (facilitate commission of an unlawful act) and 11(d) (economic and other interests); and
• section 38(b) (invasion of privacy) with specific reference to section 14(3)(b) (compiled and identifiable as part of an investigation into a possible violation of law).

• MFIPPA
• 10(1)(c)
• 11(d)
• 14(1)
• 14(3)(b)
• 38(b)
• 8(1)(l)
• 2(1)

• absurd result