This is an appeal under the Freedom of Information and Protection of Privacy Act (the Act). The Ministry of the Attorney General (the Ministry) received a request for a copy of the "Information" regarding an assault charge initiated by the requester against a named dentist on October 28, 1993.
The Ministry responded to the requester and advised her that the record she seeks is a "court record", and as such is not subject to the Act. The Ministry further indicated that "court records" are not in its custody and control. The Ministry advised the requester to contact the court office where the proceedings took place, and provided the name, address and telephone number of the Manager of Administration for that office. The requester appealed the Ministry's decision.
A Notice of Inquiry was provided to the Ministry and the appellant. Representations were received from the Ministry only.
The issues to be determined in this appeal are whether the records at issue are subject to the Act, and whether the Ministry's search for records was reasonable in the circumstances of this appeal.