Access to Information Orders
Decision Information
On July 18, 2003, a search warrant was executed by the Ontario Provincial Police at a home shared by the requester and her partner (referred to as the "named individual" in this order.) The search warrant related to a law enforcement issue not relevant to the requester’s subsequent request. During the execution of the warrant, the OPP seized two firearms, and subsequently charged the requester and the named individual with firearms related charges under the Criminal Code. These charges were subsequently withdrawn.
The requester filed an access-to-information request with the Ministry of Community Safety and Correctional Services (the Ministry) under the Freedom of Information and Protection of Privacy Act (the Act), seeking access to all and any information relating to her Firearms Possession Licence, currently and in the past. The scope of the request included:
• Dates and names of persons/agencies submitting or retrieving data regarding her firearms licence and/or its status, and copies of those communications.
• All and any communications between the Chief of Firearms Office (CFO)/representatives and the Canadian Firearms Registry.
• All and any communications between CFO/representatives and the Ontario Ministry of the Attorney General and the Ontario Provincial Police (OPP).
• Copies of all information received by the CFO pertaining to her firearms possession status.
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Decision Content
NATURE OF THE APPEAL:
On July 18, 2003, a search warrant was executed by the Ontario Provincial Police at a home shared by the requester and her partner (referred to as the “named individual” in this order.) The search warrant related to a law enforcement issue not relevant to the requester’s subsequent request. During the execution of the warrant, the OPP seized two firearms, and subsequently charged the requester and the named individual with firearms related charges under the Criminal Code. These charges were subsequently withdrawn.
The requester filed an access-to-information request with the Ministry of Community Safety and Correctional Services (the Ministry) under the Freedom of Information and Protection of Privacy Act (the Act), seeking access to all and any information relating to her Firearms Possession Licence, currently and in the past. The scope of the request included:
• Dates and names of persons/agencies submitting or retrieving data regarding her firearms licence and/or its status, and copies of those communications.
• All and any communications between the Chief of Firearms Office (CFO)/representatives and the Canadian Firearms Registry.
• All and any communications between CFO/representatives and the Ontario Ministry of the Attorney General and the Ontario Provincial Police (OPP).
• Copies of all information received by the CFO pertaining to her firearms possession status.
• Copies of any CPIC or ICON or other database information generated at the time containing information related to her firearms licence and its status, or provisions made to its status relating to Criminal Code charges laid against her regarding a specific Police Case ID number/occurrence.
• A copy of the daily notes of [two named OPP constables] for July 19, 2004 relating to an inquiry made by the requester by telephone concerning the status of her Firearms Possession Licence.
• A copy of any information concerning the requester or her firearms licence which [one named OPP constable] accessed on July 19, 2004, and at any other time.
• Copies of any communications [two named OPP constables] may have generated or received regarding the requester’s status in relation to a specific Police Case ID number/occurrence and the status of her firearms licence.
• A copy of any information (retrieved data-based information, police notes, emails to and from others) concerning the requester, a specific Police Case ID number/occurrence, or her firearms licence generated or received by [eight named OPP officers].
• A copy of any information (retrieved data-based information, discussion notes, emails to and from others) concerning the requester, a specific Police Case ID number/occurrence, or her firearms licence, generated or received at the office of the Ministry of the Attorney General of Ontario, including but not limited to [six named officials].