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Document
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MO-1581
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File #
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MA-010343-2
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Institution/HIC
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Toronto Police Services Board
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Summary
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This is an appeal from a decision of the Toronto Police Services Board (the Police), made under the Municipal Freedom of Information and Protection of Privacy Act (the Act ). The requester (now the appellant) sought information relating to contact between himself and another named individual, and the Police. The request includes access to video statements made by the named individual and records relating to an alleged agreement between the named individual and a named police detective. In its decision, the Police granted partial access to the records, and applied the exemptions found in sections 8(1)(l) (facilitate commission of unlawful act), 9(1)(d) (relations between governments) and 14(1) of the Act (unjustified invasion of personal privacy). In invoking section 14(1), the Police relied on the presumption in section 14(3)(b) (law investigation). As the requester's information was also found in some of the records, the Police referred to the provisions of sections 38(a) and (b) of the Act (discretion to refuse requester's own information). During mediation of this appeal through this office, certain issues were narrowed or clarified. Only Records 38, 40, 102 and the severed portion of 104 remain in issue. Section 8(1)(l) is no longer in issue. I sent a Notice of Inquiry to the Police, initially, inviting them to send representations on the facts and issues raised by the appeal. As the Police have relied on section 9(1)(d) with respect to some of the records, taking the position that some of the information was received in confidence from Crown counsel with the Ministry of the Attorney General (the Ministry), I also notified the Ministry of the appeal and invited it to submit representations. Both the Police and the Ministry supplied representations which were subsequently shared with the appellant, with certain confidential portions severed. The appellant was provided with an opportunity to make representations in response to those of the Police and the Ministry and has not made any in writing, although he made some brief comments in a telephone message received by me.
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Legislation
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MFIPPA
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14(1)
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38(a)
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38(b)
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9(1)
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Subject Index
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Signed by
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Sherry Liang
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Published
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Oct 23, 2002
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Type
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Order
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© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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