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MO-1349

Document		MO-1349


Institution/HIC		Brantford Police Services Board


Summary		NATURE OF THE APPEAL: The appellant submitted a request to the Brantford Police Services Board (the Police) under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for access to copies of all police records relating to three incidents which occurred in 1996, to incident file #98-20785 and to Ontario Civilian Commission on Police Services (OCCPS) file #99-COM-0042. The Police located responsive records and provided partial access to them. The Police denied access to portions of 26 pages on the basis of the following exemptions under the Act : law enforcement - sections 8(1)(a), (b), 8(2)(a) and (c); right to fair trial - section 8(1)(f); and invasion of privacy - section 14(1) with reference to sections 14(2)(e), (g), (i) and 14(3)(b). The Police also withheld an additional 150 pages in full claiming that these records fall outside the scope of the Act on the basis of sections 52(3)1 and 3. The appellant appealed this decision to the Commissioner's office. During mediation, the Mediator raised the possible application of the discretionary exemptions in sections 38(a) (discretion to refuse requester's own information) and 38(b) (invasion of privacy). These sections may be applicable where the records at issue contain the requester's own personal information. The Police agreed that section 38(b) should have been claimed for the records to which section 14(1) had been applied. The Police subsequently issued a revised decision in which they withdrew their reliance on sections 8(1)(a), (b) and (f) and added section 38(b) as a basis for exempting portions of 26 pages of records. I sent a Notice of Inquiry to the Police and one individual referred to in the records (the affected person) initially. Although the Police did not claim the possible application of section 38(a) in either of their decision letters, it appears from a review of the records that it may be applicable. Therefore, I raised it as an issue in this appeal. The Police submitted representations in response to the Notice. The copy of the Notice which was sent to the affected person was returned to this office as the individual had moved. I then sent the non-confidential representations of the Police along with a Notice of Inquiry to the appellant. The appellant was asked to explain why, in his view, the particular sections claimed by the Police for the identified records do not apply. The appellant submitted representations in response. In his representations, the appellant submits that his rights under the Canadian Charter of Rights and Freedoms (the Charter ) had been violated by the Police and that he was entitled under the Charter to obtain all information relating to his complaints. In general, the appellant's representations reflect his view that he is entitled to information contained in the records at issue in a very general and unsupported manner. I find that they do not raise Charter issues of substance and I will not address this issue. The appellant's representations also deal with the complaint process under the Police Services Act (the PSA ). However, they relate, contextually, to matters other than access under the Act . As such, they do not address the issues in this appeal as identified in the Notice of Inquiry. Further, the appellant contends that there is a public interest in disclosure of the records. Although this issue was raised for the first time in the appellant's representations, I will address it below. Finally, the appellant indicates that he is aware that I was attempting to locate the affected person. He indicates on the cover page to his representations that she is living at his address. In the Notice of Inquiry (which was sent to all parties), I raised the possible application of section 14(1)(a) (consent to disclosure) of the Act and asked the affected person to turn her mind to this issue and to indicate whether she consents to the disclosure of her personal information in the circumstances of this appeal. Although the appellant states that this individual is living at his address, he does not provide any confirmation from her that this is the case. Nor does he address the issue of consent in his representations. In the absence of any information directly from the affected person, I am not prepared, based on the unsupported statement of the appellant, to make further efforts to contact this person that would involve disclosing her personal information to the appellant. As a result, my decision on the issues in this appeal will be made in the absence of representations from the affected person. RECORDS: The records consist, in part, of the withheld portions of 26 pages consisting of occurrence reports, property tags, investigative reports and witness statements. In addition, 150 pages taken from a named police officer's personnel file are at issue. The records relate to a complaint made against the police officer and contain correspondence, investigation reports, occurrence reports and related documentation as well as information pertaining to the officer's duty schedule. DISCUSSION: JURISDICTION Sections 52(3) and (4) read as follows: (3) Subject to subsection (4), this Act does not apply to records collected, prepared, maintained or used by or on behalf of an institution in relation to any of the following: 1. Proceedings or anticipated proceedings before a court, tribunal or other entity relating to labour relations or to the employment of a person by the institution. 2. Negotiations or anticipated negotiations relating to labour relations or to the employment of a person by the institution between the institution and a person, bargaining agent or party to a proceeding or an anticipated proceeding. 3. Meetings, consultations, discussions or communications about labour relations or employment-related matters in which the institution has an interest. (4) This Act applies to the following records: 1. An ag


Legislation		MFIPPA 14(3)(b) 52(3)1 52(3)3


Subject Index		compiled as part of an investigation meetings, consultations, discussions or communications proceedings/anticipated proceedings


Published		Oct 13, 2000


Type		Order


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