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Document
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MO-1428
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File #
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MA-000212-1
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Institution/HIC
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Toronto Police Services Board
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Summary
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The 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 "any and all documents that pertain specifically to the servicing of a Form 9 issued by [a certain hospital] on or about [a certain date]". The requester identified that the Form 9 (“Order for Return” under the Mental Health Act (MHA)) related to him. His request stated:
Specifically;
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the badge number and names of all officers involved in the execution of the form, that is, who attended at a particular address on [specific dates] and the duration spent at that address both in the requester's absence and presence;
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the identity of the five officers who entered that address on [a specific date] and all notes pertaining to the requester from all five officers;
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all notes from the two officers who physically brought the requester to the hospital, including all observations relating to the "physical" given in "room 8" in the emergency room;
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any observations regarding the requester's treatment or care on the seventh floor, specifically "7 west" within the psychiatric ward of the hospital, including any comments made by anyone (doctors, nurses, security, patients, etc.) pertaining to the requester;
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the Form 9 itself.
The Police identified 39 pages of records as responsive to the request and granted partial access to them. The Police denied access to pages 4, 10 to 14, 16, 17, 18, 20 to 28 and 29, relying on the exemptions in sections 14 (invasion of privacy) and 9 (relations with other governments) of the Act. The Police also relied on section 38(b) (invasion of privacy) in conjunction with section 14(3)(b) (investigation into possible violation of law).
The requester, now the appellant, appealed the Police’s decision.
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Legislation
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MFIPPA
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14(3)(b)
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8(1)(l)
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2(1)
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Subject Index
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Signed by
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Dora Nipp
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Published
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May 07, 2001
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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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