Document

PO-2602-R

File #  PA-050192-1
Institution/HIC  Ministry of Community Safety and Correctional Services
Summary
  • Letter to probation officer of requester's former spouse.
  • Code of Procedure section 18 (reconsideration) - failure to give requester opportunity to respond to Ministry's reply constituted a fundamental defect in the adjudication process that led to Order PO-2561-I, triggering this reconsideration order.
  • Probation officer found to have communicated contents of record to requester in telephone conversation.
  • On reconsideration, absurd result principle applies to override application of section 49(e) (correctional record). Section 49(e) not upheld.
  • Section 49(b)/21 (personal privacy) not upheld.
  • Outcome in Order PO-2561-I reversed - Ministry ordered to release record to requester in its entirety.
Legislation
  • FIPPA
  • 21(1)
  • 49(b)
  • 49(c)
Signed by  Bernard Morrow
Published  Jul 31, 2007
Type  Reconsideration Order
Orders and Reports Considered  PO-2561- I  
Issue Outcomes
  • Letter to probation officer of requester's former spouse.
  • Code of Procedure section 18 (reconsideration) - failure to give requester opportunity to respond to Ministry's reply constituted a fundamental defect in the adjudication process that led to Order PO-2561-I, triggering this reconsideration order.
  • Probation officer found to have communicated contents of record to requester in telephone conversation.
  • On reconsideration, absurd result principle applies to override application of section 49(e) (correctional record). Section 49(e) not upheld.
  • Section 49(b)/21 (personal privacy) not upheld.
  • Outcome in Order PO-2561-I reversed - Ministry ordered to release record to requester in its entirety.
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