Access to Information Orders
Decision Information
• Information relating to a named property
• Whether the request was frivolous or vexatious – sections 4(1)(b), and 5.1 of Regulation 823 – upheld
• Decision of the Police that the request was frivolous or vexatious upheld
Decision Content
NATURE OF THE APPEALS:
BACKGROUND
In 2002, officers employed by the Brantford Police Services Board (the Police) were called to stand by and keep the peace at [a named property] in Brantford. A [named individual and her family] was being evicted from their home and they did not want to leave. A family member later lodged complaints with the Ontario Civilian Commission on Police Services (OCCPS) concerning alleged wrongdoings by the officers who attended at the home. These complaints were investigated by the Police, who found them to be unsubstantiated. The family member’s subsequent appeal to OCCPS was also unsuccessful.
The Police received two requests under the Municipal Freedom of Information and Protection of Privacy Act (the Act) for records relating to the named property on a specified date in 2002. The record is unclear as to the exact date and nature of the requests because the appellant provided conflicting information which, despite efforts from this office, could not be reconciled. However, the Police state that the request they responded to was dated August 20, 2005 and read, in part:
(1) What led [a named police officer] to believe that [family members] bought the house together in 1986? Did he see a deed listing [a named family member] as a co-owner?
The Police responded to the requester on September 23, 2005, in which they refused to process her access request because, in their opinion, the request was frivolous or vexatious within the meaning of section 4(1)(b) of the Act. The Police advised the requester further that they had told her “on more than one occasion” that all information had been disclosed.
It would be helpful, at this point, to discuss the history of requests (in addition to those in the present appeals) leading to the Police’s September 23, 2005 decision. In their representations, the Police provided a chronology indicating that on each of the following dates, the requester submitted requests for information respecting the subject property: September 30, November 10, November 20, 2004 and January 15, March 14, March 15, March 31, April 6, April 7, April 23, June 6, July 16, July 20, and August 12, 2005. The Police advised that there was another request on December 1, 2005.