The Metropolitan Toronto Police Services Board (the Police) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act) for access to dockets listing police officers charged under the Police Services Act (the PSA) from 1986 to 1996. These dockets, posted daily outside the Trials Office in Police Headquarters, contain the name, rank, badge number and alleged offences of officers scheduled to appear that day before the Police Discipline Tribunal. The request was made by two journalists.

The Police denied access to the responsive records, claiming that they fell under section 52(3), and were therefore excluded from the jurisdiction of the Act This decision was appealed and disposed of in Order M-936, where former Inquiry Officer Anita Fineberg found that section 52(3) did not apply, and ordered the Police to issue an access decision to the appellants.