The appellant, together with two other individuals, was the subject of a "Joint Forces" investigation undertaken by the Windsor detachment of the Royal Canadian Mounted Police (the RCMP) and the Windsor Police which resulted in charges being laid against all three individuals. The appellant and the other two individuals were acquitted of the charges. The appellant and one of the other individuals subsequently made a complaint about the conduct of the police officers who conducted the investigation. The complaint alleged that the conduct of the investigating officers constituted grounds for the laying of "obstructing justice" charges under theCriminal Code. The RCMP asked the Ontario Provincial Police (the OPP) to investigate the complaint.
NATURE OF THE APPEAL:
The appellant submitted a request under the Freedom of Information and Protection of Privacy Act (the Act) to the Ministry of the Solicitor General (the Ministry) for access to the OPP Criminal Investigation Bureau (CIB) report regarding the criminal investigation into the conduct of the members of the Windsor detachment of the RCMP and the Windsor Police.
The Ministry located a 12-page report and denied access to it in its entirety on the basis of the exemptions in section 49(a) (discretion to refuse to disclose requester's own information) in conjunction with sections 14(1)(c) (investigative techniques) and 14(2)(a) (law enforcement report), and section 49(b) with reference to sections 21(2)(f) and 21(3)(b) (invasion of privacy).
The appellant appealed the Ministry's decision.
During mediation, the Ministry issued a revised decision in which it disclosed parts of pages 1, 3 and 6 and page 12 in its entirety. The portions of the record which were disclosed pertain directly to the appellant. The Ministry indicated that it continued to rely on the exemptions in sections 49(a) and (b) for the remainder of the record.
The appellant was not satisfied with the level of disclosure given by the Ministry. As no further mediation was possible, this appeal was moved on to inquiry.