PO-4567

Collection
Access to Information Orders
Date
File Numbers
PA20-00248
Adjudicators
Valerie Jepson
Decision Type
Order
Applicable Legislation
FIPPA - 2 personal information
FIPPA - 21(1)
FIPPA - 23
FIPPA - 67(1)
FIPPA - 67(2)
Youth Criminal Justice Act - 118(1)
Youth Criminal Justice Act - 2 (record)
Youth Criminal Justice Act - 110
Youth Criminal Justice Act - 111
Youth Criminal Justice Act - 116(1)
Youth Criminal Justice Act - 116(2)
Youth Criminal Justice Act - 129
CYFSA - 87(8)

A journalist requested copies of serious occurrence reports provided to the ministry by a particular Indigenous children’s aid service provider for a specified 10-month period. The ministry refused to provide the journalist with copies of these reports, stating that providing the records would infringe the privacy rights of the individuals in the reports [the reason (exemption) at section 21(1) of the Freedom of Information and Protection of Privacy Act (FIPPA)]. The journalist did not seek the names of the children in care but information about each occurrence and how it was handled. The ministry maintained that disclosure of the information sought was not permitted for the personal privacy reason stated in FIPPA.

In this order, the adjudicator finds that some of the records are not able to be accessed under FIPPA due to the Youth Criminal Justice Act. Regarding the remaining information, the adjudicator agrees with the ministry and dismisses the appeal. The adjudicator also addresses the ministry’s claim made during the inquiry that some of the records could not be disclosed due to a confidentiality provision in the Child, Youth, and Family Services Act, 2017.