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PO-3086

Document		PO-3086


File #		PA10-332


Institution/HIC		Ministry of Community Safety and Correctional Services


Summary		The appellant sought access to her deceased daughter’s probation records. The Ministry of Community Safety and Correctional Services granted partial access to the responsive records. The ministry’s decision was partially upheld. The appellant cannot exercise the right of access on behalf of her deceased daughter by virtue of section 66(a) of the Act. Some of the information severed as not responsive, is responsive to the appellant’s request. The records contain the personal information of the appellant, her deceased daughter and other identifiable individuals. The remaining withheld information qualifies for exemption under section 49(a), read with section 19, and section 49(b), having considered section 21(4)(d), the presumption at 21(3)(b), and the factor at section 21(2)(f). The ministry’s exercise of discretion was reasonable. Section 23 does not to apply to the exempt information.


Legislation		FIPPA 19(a) 19(b) 21(1) 21(2)(f) 21(3)(b) 21(4)(d) Section 23 49(a) 49(b) 66(a)


Signed by		Catherine Corban


Published		Jun 11, 2012


Type		Order


Orders and Reports Considered		P-541 P-984 MO-2237 MO-2245


Cases Considered		Liquor Control Board of Ontario v. Magnotta Winery Corporation, 2010 ONCA 681.


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