PO-4534

Collection
Access to Information Orders
Date
File Numbers
PA20-00709
Adjudicators
Alec Fadel
Decision Type
Order
Applicable Legislation
FIPPA - 19
FIPPA - 69(2)
Canadian Charter of Rights and Freedoms - 2(b)
Canadian Charter of Rights and Freedoms - 7
Canadian Charter of Rights and Freedoms - 12

The Hospital for Sick Children received a 19-part request under the Act for access to a variety of records including invoices, records of payments, emails, communications, and donations made for various specified time periods including prior to 2007. The hospital disclosed some information but denied access to entire records on the basis that they were exempt from the Act by section 19 (solicitor-client privilege). It also stated that because of section 69(2) of the Act, it was not required to search for records that pre-date January 1, 2007. The appellant appealed the hospital’s decision and also claimed that section 69(2) is unconstitutional. In this appeal, the adjudicator upholds the hospital’s reliance on section 19 and dismisses the appellant’s claim that section 69(2) is unconstitutional.