Collection
Access to Information Orders
Date
File Numbers
MA21-00369
Adjudicators
Chris Anzenberger
Decision Type
Order
Applicable Legislation
MFIPPA - 52(3)
Police Services Act - 95
Police Services Act - 90
Community Safety and Policing Act - 163
Community Safety and Policing Act - 170
The appellant asked the police to investigate a police officer under the Criminal Code. According to the police, they investigated the officer and dismissed the appellant’s allegations. The appellant then asked the police, under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), for records created during the investigation. The police claimed that these records were excluded from MFIPPA under section 52(3) (employment or labour relations).
In this order, the adjudicator finds that the police have not established that the records are excluded under section 52(3) of MFIPPA. He orders the police to issue an access decision in response to the request without relying on section 52(3) of MFIPPA.