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Document
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MO-1329
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Institution/HIC
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Toronto Police Services Board
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Summary
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NATURE OF THE APPEAL: The 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 the original notebooks of six named police detectives for certain specified dates. The Police located the responsive records and denied access to them, in their entirety, claiming the application of the following exemptions contained in the Act : law enforcement - sections 8(1)(a) and (c) invasion of privacy - sections 14(1) and 38(b) discretion to refuse requester's own information - section 38(a) The Police also advised the appellant that, pursuant to section 23 of the Act , they were not required to provide him with the opportunity to examine the requested records as it was not reasonably practicable for it to do so. The appellant was tried and convicted of a serious sexual assault with a weapon. His appeal of that conviction is set to be heard by the Ontario Court of Appeal in September of this year. The appellant is free on bail pending his appeal hearing. The appellant appealed the decision of the Police and maintained that he ought to be afforded the opportunity to examine the original copies of the requested records. He takes the position that the records which were disclosed to him through his former counsel pursuant to section 603(a) of the Criminal Code of Canada indicate that they have been tampered with and have been "corrupted". During the mediation of the appeal, the appellant agreed to narrow the scope of his appeal to include only certain enumerated pages of the notebooks of two named detectives. The appellant confirmed that he is not seeking access to the police "10-codes" which may be included in the records. As a result, the exemption provided by section 8(1)(c) is no longer applicable to the present appeal. The appellant also indicated that he is seeking access to the original versions of the 35 pages which comprise "Package A". He is seeking access to photocopies of the other 17 pages of records, designated as "Package B" in the Report of the Mediator. The pages in both packages are not numbered sequentially as some of the numbered pages contain information which is not responsive to the appellant's request. Initially, I sought the representations of the Police on the application of the exemptions which they had claimed. Following the receipt of their submissions, I decided to seek the representations of the appellant. I also decided that portions of the representations of the Police would not be provided to the appellant, due to confidentiality concerns. I received the appellant's representations, which were then shared, in their entirety, with the Police, who were invited to, and did, make reply representations. With his submissions, the appellant attached complete copies of a number of the records which are at issue in this appeal. Specifically, the appellant included unsevered versions of Records 2, 3, 4, 5, 7, 8, 9, 10, 12, 16, 17, 18, 21, 31, 32, 37 and 66. These records had been disclosed to him, or his former counsel, by the Crown Attorney in accordance with the Crown's disclosure obligations during the appellant's trial and subsequent appeal to the Ontario Court of Appeal. He also indicates that he is not seeking access to any information which may be contained in the records which relates to any of the witnesses who were called to testify against him or to the personal information of the officers in the notebooks, such as their hours of work or days off. DISCUSSION: PERSONAL INFORMATION Under section 2(1) of the Act , "personal information" is defined, in part, to mean recorded information about an identifiable individual, including any identifying number assigned to the individual and the individual's name where it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual. "Personal information" is defined in section 2(1) of the Act . Only information which fits the definition can qualify for exemption under section 14. It is clear from the wording of the statute that the list of examples of personal information under subsection 2(1) is not exhaustive. This leaves it open for [the person who will be making the decision in this appeal] to decide whether or not information contained in the records which does not fall under subsections (a) to (h) ... constitutes personal information. [Order 11] Package "A" Records Based on my review of the records which comprise Package "A", I find that Records 2-5, 7-10, 12, 16, 57-63, 70, 71, 72, 73, 74, 75 and 80 contain the personal information of individuals other than the appellant. Each of these individuals were contacted by and provided information to the Police during the course of their investigation of the crime for which the appellant was ultimately convicted. The personal information includes the names, addresses, telephone numbers (section 2(1)(d)) as well as the names and other personal information of these individuals (section 2(1)(h)). In addition, Records 17, 18, 21, 37 and 65-69 contain the personal information of the appellant, as well as other identifiable individuals. This information includes the names, telephone numbers and addresses of these individuals (section 2(1)(d)), along with their names and other personal information (section 2(1)(h)). Finally, Records 31 and 32 contain only the personal information of the appellant. Package "B" Records Based on my review of the records which comprise Package "B", I find that only Records 54-56 are concerned with the investigation which led to the appellant's arrest. The remaining pages, identified as Records 40-53, relate to other criminal investigations being undertaken by the Police at that time. These other investigations did not involve the appellant in any way. Records 54-56 contain the personal information of the individuals who were interviewed and provided statements to the Police during their investigation of the crime involving the appellant, as well as notes taken by the officer relating
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Legislation
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Subject Index
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Published
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Aug 01, 2000
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Type
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Order
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