Release of Information
Updated on February, 08 2017

Release of Information Procedure

The purpose of this procedure is to establish general procedures for the disclosure of information from police service files relating to adults and young persons. These guidelines are for disclosure of information in the absence of a request under MFIPPA.

The Anishinabek Police Service will follow the Ontario Association of Chiefs of Police (OACP) approved LEARN Guideline with Respect to: Disclosure of Information from Police Service Records.

It incorporates the provisions of the:

Police Services Act
Youth Criminal Justice Act
Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)
Freedom of Information and Protection of Privacy Act (FIPPA)
CPIC Reference Manual Community Safety Act
Criminal Records Act
All decisions on disclosure of information must be consistent with the release provisions of existing legislation and internal policies.

Each individual disclosure decision will be evaluated independently, on a case-by-case basis. In this manner, we can determine what additional safeguards or other procedures, if any, might be prudent to implement.

Copies of police reports are available ONLY to those parties involved in the incident or their representatives with consent.


General Rules of Disclosure

1.    Any information relating to a matter that is presently before the courts shall not be released to an accused person until after disposition of the case and expiry of the appeal period (i.e. thirty days after final disposition). Disclosure requests prior to this date should be directed to the Crown Attorney’s office.

2.    The police service may, upon written consent, consider releasing criminal conviction information directly to an individual, in accordance with police policy, procedures and by-laws.

3.    An Order of the Court or Tribunal takes precedence over MFIPPA legislation. The police service must obey a Court Order or subpoena and make available applicable information to the Tribunal or Court. In many cases you may be served a Notice of Motion prior to receiving the Court Order which allows you to challenge or set terms. At that point, admissibility of such information will be determined. In some cases you may wish to seek legal counsel for direction on admissibility.

4.    Records of young persons can only be disclosed in accordance with the provisions of the Youth Criminal Justice Act. Sec 119 (1).   Information pertaining to young persons may be released only to Canadian agencies/individuals in accordance with the provisions of the Youth Criminal Justice Act. Information pertaining to young persons must not be released to foreign agencies.

5.    The following statements contain personal information where disclosure must be carefully considered: Witness statements and/or officer’s notebook entries relating to incidents including motor vehicle collision reports requested by law firms, insurance adjusters, insurance companies and other interested parties. Where a request is received for statements where charges have been laid, members should not disclose while court proceedings are ongoing, nor until expiry of appeal period, namely thirty (30) days after final disposition. Police services shall address these requests in accordance with MFIPPA.

6.    The release of CPIC information shall be in accordance with the agency’s CPIC Category II or III designation as outlined in appendix 1 of the LEARN Guideline with Respect to: Disclosure of Information from Police Service Records.

7.    Police services releasing information should consider appropriate vetting if the records are subject to subsequent disclosure (e.g. from a tribunal to an affected licensee, background screening checks – CSIS, AGCO).

8.    Special consideration should be given with video, audio or photographs of children victims or witnesses of sexual offences.

Procedure

A request to access records under the Act must be made in writing using the Request for Information form (PDF).

All requests for Information shall be forwarded to:

Angela Nolan Souliere
Information Services Manager
Anishinabek Police Service
1436 Hwy. 17 B
Garden River, ON P6A6Z1
Tel: 705-946-2539 ext. 237
Fax: 705-946-2859
Email: anolansouliere@apscops.org

Fee

Please see the
Fee Schedule (PDF).

Return Time

Requests for Release of Information are processed in approximately 30 days, depending on request volumes. The Anishinabek Police Service strives to serve you in a timely manner.