PO-4546

The appellant asked the Ministry of the Solicitor General (the ministry) for a copy of a report prepared by the Ontario Provincial Police for the Toronto Police Services Board (the police). The ministry denied the request and the requester appealed the ministry’s access decision. The police were invited to make representations and said that the report is excluded from the operation of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) by the ongoing prosecution exclusion at section 52(2.1) of that act. They argued that the appellant should not be able to obtain it from a different institution under the Freedom of Information and Protection of Privacy Act (FIPPA).
In this decision, the adjudicator concludes that because she already determined that the report is, at this time, excluded by the prosecution exclusion at section 52(2.1) of MFIPPA in Order MO- 4554, it is not necessary to also consider whether the appellant can obtain the report pursuant to FIPPA and she dismisses the appeal.