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Document
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MO-1362
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Institution/HIC
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Sarnia Police Services Board
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Summary
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NATURE OF THE APPEAL: The appellant made a request to the Sarnia Police Service (the Police) pursuant to the Municipal Freedom of Information and Protection of Privacy Act (the Act) for all investigation reports, notes and statements with respect to an incident which occurred on a specified date. The Police relied on the discretionary exemption for law enforcement records, pursuant to sections 8 and 38(a) of the Act , in denying the appellant access to records responsive to his request. During the mediation stage of this appeal, the Police issued three subsequent decisions. In each decision, the Police released one or more of the records originally sought, as well as additional records which the appellant requested during the course of mediation. The Police continued to deny access to a number of records, and, in the second decision, cited section 14(3)(b), which creates a presumption against disclosing an individual's personal information to another person where that information forms part of a criminal investigation. Also in the course of mediation, the Mediator added the possible application of section 38(b) as an issue in this appeal. Section 38(b) provides that an institution may refuse to disclose personal information of a requester if the disclosure would constitute an unjustified invasion of another individual's personal privacy. During mediation, the appellant continued to take the position that the Police could and should provide him with further records, or more complete records, responsive to his request. I sent a Notice of Inquiry setting out the issues in this appeal to the Police initially. The representations received from the Police were sent to the appellant, together with the Notice of Inquiry. The appellant submitted representations in response. I have considered all the representations of the parties. RECORD: The records at issue in this appeal consist of: Crown Brief Synopsis Crown Brief Records and Documents Supplementary Report of Officer #1 Arrest Report Supplementary Reports and "Will State" Statements of Officers #2, #3, #1 and #4 Motor Vehicle Collision Report Supplementary Report of Officer #5 2 nd Supplementary Report and "Will State" of Officer #4 2 nd Supplementary Report of Officer #5 Duty Book Handwritten Notes of Officers #1 (10 pages), #3 (4 pages) and #6 (2 pages) Lockup Attendance Record 911 Call Records (Incident Details/History). ISSUES IN DISPUTE: REASONABLE SEARCH Was the search by the Police for records responsive to this request reasonable? Where, as in this case, an appellant takes the position that further responsive records exist, the issue to be decided is whether the Police have conducted a reasonable search for the records as required by section 17 of the Act . If I am satisfied that the search carried out was reasonable in the circumstances, the decision of the Police will be upheld. If I am not satisfied, further searches may be ordered. The Police issued a series of four decisions with respect to the appellant's request for records. In each decision, the Police provided the appellant with further information regarding the search for responsive records, and released further materials. The appellant has appealed each decision but has filed only one letter of appeal in respect of the first decision. Based on the representations filed by the appellant in response to my Notice of Inquiry, I understand that he is challenging the completeness of the record in four areas: the absence of any record in respect of a possible second 911 call; the absence of any notes from Officer #7; the completeness of the booking sheet (Lockup Admittance Record); he absence of a property inventory record. I have reviewed the explanations provided by the Police in respect of the missing and/or allegedly incomplete records, both in their decision letters and in an affidavit filed with their representations. I am satisfied that the searches undertaken for records responsive to this request were reasonable. In respect of the 911 call records, I note that the appellant relies on the transcript of a hearing before the Ontario Court of Justice on March 23, 2000, in which evidence is given that a second 911 call was made during the relevant incident. The person testifying states that he made one call from a parking lot and a second call while driving to the police station. The affidavit filed by the Police, on the other hand, states that, on May 15, 2000, a search was made of the Ontario Municipal and Provincial Police Automation Cooperative data base and only one 911 record was located. The deponent states that this is the only location where such a record could exist and that 911 tapes are erased and reused on a regular 30 day cycle. I have examined the 911 call record which has been disclosed to the appellant, with the personal information of other persons severed. I note that the record reports, first, that there has been a rear end collision in a parking lot and that a vehicle "may attempt to follow" the caller, and, secondly, that the caller is "now driving to station". It appears that the single record may cover both the first and second call. With respect to the allegedly missing notes of one of the Police Officers, I accept the affidavit evidence to the effect that his only notes are on the previously-disclosed booking sheet. The appellant has not provided any evidence to support his contention that other notes could be provided. On the issue of the possible existence of a property inventory record, I accept the deponent's evidence that no property inventory record was located in a search of all 1999 records held by the Manager of Information Services. Finally, I have reviewed the booking sheet and I am satisfied that a complete copy was provided to the appellant. The appeal on this issue is dismissed PERSONAL INFORMATION: Do the records contain "personal information" as defined in
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Legislation
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Subject Index
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Published
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Nov 14, 2000
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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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