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request, to the Ministry of Community Safety and Correctional Services (“Ministry”), for “the number of offenders registered under [the] Registry residing within the areas designated by the first three digits of Ontario postal codes” (para 1).
The Ministry denied access and refused to disclose the information, “citing [’s] law enforcement and personal privacy exemptions” (para 13). the evidence did not establish a reasonable expectation of harm or a reasonable basis for believing that any danger would result from the disclosure” (para 2).
According to the Ministry, this request promoted “neither democracy nor effective policing and public safety” (para 44). The information requested could not interfere with effective policing because it was unlikely that it could be used to identify any particular person. In other words, for the protection of the community and those who were registered.
Instead, the Minister implied that this disclosure actually worked policing since a violation of the Registry’s confidentiality would undermine its effectiveness. On that view, it was irrelevant that the requested information did not enable the identification of any individual.
Either formulation could be used since they are, in essence, identical.
On the evidence offered, there was no such reasonable risk of harm.
The SCC determined that [t]o the extent that the Ministry [was] also arguing that the Commissioner erred by focusing only on whether the disclosure could reveal the sex offender’s personal identity, as opposed to also revealing his or her physical location, we are of the view that no such distinction can logically be sustained: locating a sex offender’s residence is intimately related to the sex offender being identifiable (para 42).
First, it shows that the confidentiality provisions in is the same as the equivalent test under the federal freedom of information statute.
An institution must provide evidence ‘well beyond’ or ‘considerably above’ a mere possibility of harm in order to reach that middle ground” (para 54).
As a result, the Commissioner’s determination of the standard was reasonable.
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