Access to Information Orders
Decision Information
• Police procedures relating to identified sections of the Police Services Act, and guidelines used in assessing "high risk" individuals.
• Scope of request - upheld.
• Section 17 (reasonable search) – search found to be reasonable.
• Appeal dismissed.
Decision Content
NATURE OF THE APPEAL:
The 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 information related to Toronto Police Services procedures. The request specifically stated:
I am requesting a copy of any Toronto Police Services procedures that relate to sections 41(1.1) to 41(1.4) of the Police Services Act. In particular, who is a designate of the Chief of Police as per section 41(1.1). Please provide any guidelines used in assessing “high risk” individuals.
The Police responded to the request by stating that no records exist responsive to the request. The decision stated in part:
The [Police Services Board] does not have any written governance in relation to sections 41(1.1) to 41(1.4) and therefore, access to the records cannot be provided as no such record does exist.
In regard to guidelines in assessing “high risk” individuals, you may wish to contact [the Ministry of the Attorney General at an identified address].
The appellant appealed the decision.
During mediation, the appellant took the position that responsive records ought to exist. In support of his position, the appellant provided a copy of a by-law for a different police service in Ontario, which deals with the police response to high-risk individuals. He argued that the existence of that by-law supports his position that similar policies and written procedures should exist for the Police. The Police identified that additional records relating to “high risk” individuals may exist, but that these were not responsive to the request. As a result, the issue of the scope of the request was raised in this appeal.
Mediation did not resolve the issues, and this appeal was transferred to the inquiry stage of the process.
I sent a Notice of Inquiry, identifying the facts and issues in this appeal, to the Police initially. The Police provided representations in response. I then sent the Notice of Inquiry, along with a copy of the representations of the Police, to the appellant, who also provided representations in response.
DISCUSSION: