An individual who was involved in an incident with the Toronto Police asked for the video footage recorded by the body-worn cameras of the three officers who attended the incident. The police did not provide the video footage claiming it relates to labour relations or employment matters (section 52(3)) which are excluded from the scope of the Municipal Freedom of Information and Protection of Privacy Act (the Act). The police also claimed that if the video footage was not found to be excluded from the Act, it should not be disclosed, even though it contains information about the individual requesting the information, because disclosure would deprive another individual of the right to a fair trial or an impartial hearing under sections 38(a) and 8(1)(f) of the Act.
The adjudicator finds that the video footage is an operational record not related to labour relations or employment matters and is therefore subject to the Act. She also finds that the police have not shown that disclosure of the video footage would deprive another individual of the right to a fair trial or an impartial hearing. She orders the police to disclose the video footage to the appellant, with the personal information of other identifiable individuals withheld.