Document

M-202

Institution/HIC  Metropolitan Toronto Police Services Board
Summary  ORDER BACKGROUND: 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 all information relating to "any and all" investigations conducted by the Police relating to the requester. Specifically, the requester sought access to all investigation files, witness statements, forensic information, surveillance reports, intelligence reports, applications to wiretap and/or insert listening devices, (plus transcripts of all intercepted communications or copies of tapes) and any information received from other agencies in Canada, the United States or elsewhere. The Police compiled in excess of 9000 pages and a number of video and audio tapes as being responsive to the request. The requester was granted access to over 3000 pages, in whole or in part, and one videotape in whole. Access was denied to the remainder of the record pursuant to sections 8(1)(c), (d), (e), (g), (h) and (l), and 8(2)(a), (b), (d), 9(1)(d), 10(1)(b), 12, 14 and 38(b) of the Act . The requester appealed this decision. During mediation, the Police reconsidered their position and granted access to additional pages of the record, in whole or in part, and withdrew their reliance on section 12 of the Act . They also claimed that certain parts of the record that they had initially compiled are not responsive to the appellant's request. Further mediation was not possible. Accordingly, notice that an inquiry was being conducted to review the decision of the Police was sent to the appellant and the Police. Representations were received from both parties. In their representations, the Police withdrew the application of section 10(1)(b) and disclosed the pages of the record for which this exemption had been claimed. The Police also indicated that in denying access to the remaining records, they exercised discretion under section 38(a) and (b) of the Act . On August 6, 1993, while these representations were being considered, Commissioner Tom Wright issued Order M-170 which interpreted several statutory provisions of the Act in a way which differed from the interpretation developed in previous orders. Since a new approach to the operation of the Act was being adopted and because similar statutory provisions are at issue in the present appeal, it was determined that copies of Order M-170 should be provided to the appellant and the Police. The parties were then afforded the opportunity to state whether the contents of Order M-170 would cause them to change or supplement the representations which they had previously made. No further representations were received from either party. PRELIMINARY MATTERS: Wiretap Application Records In Order P-344, former Assistant Commissioner Tom Mitchinson found that the doctrine of federal legislative paramountcy operates so as to exclude requests for wiretap application records from the scope of the Act . Further, in Order M-58 he stated: In my view, this finding applies equally to the municipal Act , and I similarly find that the doctrine of federal legislative paramountcy operates so as to exclude requests for wiretap application records from the scope of the municipal Act . I agree. Therefore, I find that this part of the appellant's request falls outside the scope of the Act . Records not responsive to the request In their representations, the Police indicate that a number of pages or parts of pages of the record which have been withheld from the appellant do not contain information responsive to the request. I have reviewed these pages and, with the exception of five pages (3533 - 3537) which, in my view, contain responsive information, I agree that the pages or parts of pages identified by the Police do not contain any information that is responsive to the request. In addition, I find that other parts of the record not referred to by the Police also contain similar non-responsive information. In my view, the information contained in 230 pages of the record either does not relate to the investigation of the appellant or was inadvertently copied when compiling the record relating to the appellant and has no relevance to the request. Therefore it falls outside the scope of this appeal. Records at issue The parts of the record which remain at issue, in whole or in part, consist of 6248 pages including 32 audio cassette tapes and 4 videotapes which have been assigned page numbers. They include witness statements; occurrence and investigation "reports"; financial and medical documents; "intelligence" information; material obtained from other police services and agencies; administrative forms; investigative notes, letters, and internal memoranda; crime scene "mock-ups" and re-enactments; photographs; forensic information; victim of crime information; and other information relating to the investigation of the appellant. ISSUES: The issues in this appeal are as follows. A. Whether any of the information contained in the record qualifies as "personal information" as defined in section 2(1) of the Act . B. If the answer to Issue A is yes, and the personal information relates to the appellant and other identifiable individuals, whether any parts of the record qualify for exemption pursuant to the discretionary exemption provided by section 38(b) of the Act . C. Whether any parts of the record qualify for exemption pursuant to any of the discretionary exemptions provided by sections 8(1)(c), (d), (e), (g), (h) and (l), and 8(2)(a), (b) and (d) of the Act . D. Whether any parts of the record qualify for exemption pursuant to the exemption provided by section 9(1)(d) of the Act . E. If the answer to Issue A, and Issues C and/or D is yes, whether any parts of the record qualify for exemption pursuant to the discretionary exemption provided by section 38(a) of the Act . SUBMISSIONS/CONCLUSIONS: ISSUE A: Whether any of the information contained in the record qualifies as "personal information" as defined in section 2(1) of the Act . Section 2(1) of the Act reads, in part: "personal information" means recorded information about an identifiable individual, including, (a) info
Legislation
  • MFIPPA
  • 14(2)
  • 14(3)
  • 14(3)(b)
  • 14(4)
  • 38(a)
  • 8(1)(c)
  • 8(1)(d)
  • 8(1)(e)
  • 8(1)(g)
  • 8(2)(a)
  • 9(1)(d)
Subject Index
Published  Oct 15, 1993
Type  Order
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