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Document
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MO-2680
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File #
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MA10-171
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Institution/HIC
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Toronto Police Services Board
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Summary
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The appellant made a request for records from the Toronto Police Services Board regarding the theft of his car. In his request, he states that he seeks access pursuant to section 7 of the Canadian Charter of Rights and Freedoms. Partial access was granted to some records and other records were denied in full under sections 8(1)(l), 14(1), 38(a) and 38(b) of the Act. During mediation of the appeal, the appellant raised the additional issue of reasonable search. In this order, the appellant’s claim that he is entitled to the records under the Charter is not upheld. Where the records contain the personal information of other individuals, the decision to deny access under section 38(b) is upheld. Portions of the records are ordered disclosed, as they do not contain personal information and are not otherwise exempt. The search for responsive records is upheld as being reasonable.
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Legislation
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MFIPPA
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Section 17
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2(1) personal information
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14(1)
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38(a)
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38(b)
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8(1)(l)
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Subject Index
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Signed by
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Cathy Hamilton
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Published
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Dec 21, 2011
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Type
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Order
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Cases Considered
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Bennett v. British Columbia (Securities Commission), [1992] B.C.J. No. 1655 (C.A.); leave to appeal refused (1992) 97 D.R.R. (4th) vii (S.C.C.), Blencoe v. British Columbia, 2000 SCC 44, Charkaoui v. Canada (Citizenship and Immigration), [2007] S.C.J. No. 9, Doe v. Metropolitan Toronto (Municipality) Commissioners of Police, 39 O.R. (3d) 487, Gosselin v. Quebec (Attorney General), [2002] S.C.J. No. 85, Grant v. Cropley, [2001] O.J. 749, Kubby v. Canada (Solicitor-General), 2005 BCCA 640, leave to appeal dismissed [2006] S.C.S.A. No. 29.
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