MO-1868-R

The appellant submitted a request to the Durham Regional Police Service (the Police), under the Municipal Freedom of Information and Protection of Privacy Act (the Act), for access to all driver and witness statements relating to a fatal motor vehicle accident. The requester also asked whether the Police had possession of any other information or documentation about the accident in addition to the various statements.

The Police identified 11 driver and witness statements as the records responsive to the request, one of which was the videotaped statement of the driver. The Police denied access to all of these records in their entirety, pursuant to the exemptions in section 8(2)(a) (law enforcement) and section 14(1) (invasion of privacy) of the Act. The Police relied on the presumptions in sections 14(3)(a) and 14(3)(b) and the factor in section 14(2)(f) in support of the section 14(1) claim. The appellant appealed the Ministry’s decision.

• 8(2)(a)
• 14(1)(a)
• 14(1)(f)
• 14(3)(a)
• 14(3)(b)
• 14(2)(f)
• MFIPPA

• law enforcement record
• law enforcement
• witness statement
• consent to access to personal information
• absurd result
• compiled as part of an investigation