MC-030023-1

The appellant wrote to the Leamington Police Services Board (the Police) seeking access under the
Municipal Freedom of Information and Protection of Privacy Act (the Act) to records relating to criminal charges brought against him. The Police failed to respond to the request within the 30 day period required by the Act, and the appellant appealed this “deemed refusal” to this office. During the mediation stage of the deemed refusal appeal, the Police wrote to the requester advising that they were providing partial access to the requested records, and enclosing an index of records. The Police claimed the application of the exemptions at sections 8 (law enforcement) and 14 (personal privacy) as the basis for withholding records in whole or in part. In particular, the Police cited sections 8(1)(g) and 8(2)(a), as well as sections 14(1)(f), 14(3)(a) and 14(3)(b). As a result of this decision, the deemed refusal appeal was closed.