Access to Information Orders
Decision Information
The Ministry of the Attorney General (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to all records relied upon by a specific Assistant Crown Attorney in support of a submission made in court. The requested records relate to allegations of wrongdoing stemming from an incident involving the requester, a police officer and others.
The Ministry identified 48 pages of responsive records. The records include a letter, along with various occurrence reports, witness statements and police officers’ notes. Access to these records was denied pursuant to the exemptions in section 19 (solicitor-client privilege) and section 21(1) (invasion of privacy) with reference to the presumption in section 21(3)(b) of the Act.
In addition, the Ministry identified that access to an additional 102 pages was denied under section 22(a) of the Act (information published or available) because this record is a transcript of a court proceeding available to the public. The requester was also specifically advised as to how she could obtain the court transcript.
The requester, now the appellant, appealed the decision.
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Decision Content
NATURE OF THE APPEAL:
The Ministry of the Attorney General (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to all records relied upon by a specific Assistant Crown Attorney in support of a submission made in court. The requested records relate to allegations of wrongdoing stemming from an incident involving the requester, a police officer and others.
The Ministry identified 48 pages of responsive records. The records include a letter, along with various occurrence reports, witness statements and police officers’ notes. Access to these records was denied pursuant to the exemptions in section 19 (solicitor-client privilege) and section 21(1) (invasion of privacy) with reference to the presumption in section 21(3)(b) of the Act.
In addition, the Ministry identified that access to an additional 102 pages was denied under section 22(a) of the Act (information published or available) because this record is a transcript of a court proceeding available to the public. The requester was also specifically advised as to how she could obtain the court transcript.
The requester, now the appellant, appealed the decision.