Document

M-1053

File #  M-9700218
Institution/HIC  Metropolitan Toronto Police Services Board
Summary

The Metropolitan Toronto Police Services Board (the Police) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act) for access to dockets listing police officers charged under the Police Services Act (the PSA) from 1986 to 1996. These dockets, posted daily outside the Trials Office in Police Headquarters, contain the name, rank, badge number and alleged offences of officers scheduled to appear that day before the Police Discipline Tribunal. The request was made by two journalists.

The Police denied access to the responsive records, claiming that they fell under section 52(3), and were therefore excluded from the jurisdiction of the Act This decision was appealed and disposed of in Order M-936, where former Inquiry Officer Anita Fineberg found that section 52(3) did not apply, and ordered the Police to issue an access decision to the appellants.

Legislation
  • MFIPPA
Signed by  Tom Mitchinson
Published  Dec 22, 1997
Type  Order
Judicial Review  Application dismissed by Divisional Court July 5, 1999

Duncanson v. Ontario (Information and Privacy Commissioner), [1999] O.J. No. 2464, 175 D.L.R. (4th) 340, 124 O.A.C. 170, 87 C.P.R. (3d) 94, Court File Nos. 284/97, 376/97, 410/97, 509/97 and 5/98 (Div. Ct.) 

Divisional Court Decision
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