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M-125

Document		M-125


File #		M-9200391 and M-9200392


Institution/HIC		Durham Region Board of Commissioners of Police


Summary		The Ministry of the Attorney General transferred to the Durham Region Board of Commissioners of Police (the Police) a request made under the Freedom of Information and Protection of Privacy Act for access to crown briefs related to an investigation of an assault allegation arising from an incident which occurred in November 1991. The requester is the individual who is alleged to have been assaulted. The Police processed the request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ). They identified 178 pages consisting of incident reports and confidential instructions for Crown counsel as the responsive records in their custody. Pursuant to section 21 of the Act , the Police notified the two persons alleged to have committed the assault of the request and invited one person to submit his views concerning disclosure of information on pages 1, 3, part of page 4 and part of page 14 of the records, and the other person respecting disclosure of information on part of page 14 of the records. Despite the objections of the persons alleged to have committed the assault, the Police decided to grant partial access to the information contained in these four pages of the records, and notified the requester and the persons alleged to have committed the assault of this decision. The persons alleged to have committed the assault appealed the decision of the Police to grant access to parts of the four pages of the records. Mediation of the appeals was not successful. Notice that an inquiry was being conducted to review the decision of the Police was sent to the appellants, the requester and the Police. Representations were received from the Police, but not from the appellant or the requester.


Legislation		MFIPPA 14(1)(f) 14(2)(d) 14(3)(b) 2(1) personal information 2(1) personal information (a) 2(1) personal information (b) 2(1) personal information (d) 38(b)


Subject Index		criminal history Criminal Record Police Records


Signed by		Holly Big Canoe


Published		Apr 23, 1993


Type		Order


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