The Sudbury Regional Police (the Police) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act). The requester sought access to the reports and statements concerning a charge of first degree murder including police reports, etc. sent to Correctional Service of Canada.

Upon receipt of the request, the Freedom of Information and Privacy Co-ordinator for the Police wrote to the witnesses whose statements are contained in the record, inquiring whether they would consent to disclosure of their statements. Eleven witnesses did not reply. Of the nine witnesses who did respond, only one consented to the release of her statement. However, the Police did not disclose this statement to the requester.