IPCO 1998

The Ministry of Health requested a reconsideration of Order P-1497, which ordered the disclosure of certain records relating to the HIV Project Centre and the Special Drugs Program.

The Ministry argued that the adjudicator failed to consider all claimed exemptions and applied them inconsistently.

The Inquiry Officer found a fundamental defect in the adjudication process and reconsidered the order.

The Officer upheld the application of section 18(1)(g) to the Special Drugs Program review plans, and section 17(1) to various commercial and funding provisions to maintain consistency.

The original order was amended to exempt these additional portions from disclosure.

The Ministry of the Attorney General received a request under the Freedom of Information and Protection of Privacy Act for records relating to hate crimes and hate propaganda.

The Ministry denied access to several records, citing exemptions for personal information and danger to health or safety.

On reconsideration, the Adjudicator found that while some information related to individuals in their professional capacity, other information qualified as personal information.

The Adjudicator also held that disclosure of records containing hate propaganda could reasonably be expected to seriously threaten the health or safety of minority groups, and thus upheld the application of the section 20 exemption to those records.

The appellant submitted a freedom of information request to the Ontario Native Affairs Secretariat (ONAS) for records relating to the Point Grondine #3 land claim.

ONAS denied access to numerous records, claiming various exemptions under the Freedom of Information and Protection of Privacy Act.

The appellant appealed.

On reconsideration, the Assistant Commissioner allowed ONAS to raise late discretionary exemptions due to the complexity of the records and potential prejudice to land claim negotiations.

The Assistant Commissioner found that many records were exempt under section 15(a) (intergovernmental relations), section 12(1) (Cabinet records), section 13(1) (advice or recommendations), and section 19 (solicitor-client privilege).

However, several records did not meet the criteria for these exemptions or for sections 15(b) and 18(1)(a), and were ordered to be disclosed.