40 Dundas Street West, Suite 200, Toronto ON M5G 2H1 40, rue
Dundas Ouest, bureau 200, Toronto ON M5G 2H1 Toll free / Sans frais
: 1-800-668-8258 Phone / Tlphone : 416-979-2352 Fax / Tlcopieur :
416-979-1087 www.legalaid.on.ca
June 19, 2014
Dear
Re: Access t o Information Request
Thank you for your request for access to information, which was
received in this office on May 7, 2014, along with the $5
application fee.
You requested the following records:
" Statistics from 2003 to present on the number of refugee law
certificates issued, broken down by calendar year, and by
certificate type, as well as statistics from 2003 to present on the
number of requests for refugee law certificates refused, broken
down by calendar year, by certificate type, and the grounds for
refusal (i.e. merit, financial eligibility, etc.)."
Please find enclosed records for the years 2004 to the present
indicating the number of certificates issued and refused as well as
the reasons for the refusals.
I am responsible for this decision. You may ask for a review of
this decision within 30 days of receiving this letter by writing
to: The Information and Privacy Commission/Ontario, 2 Bloor Street
West, Suite 1400, Toronto Ontario M4W 1A8, Telephone
1-800-387-0073.
If you decide to request a review of this decision, please
provide the Commissioners office with the following: the file
number listed at the beginning of this letter; a copy of this
decision letter; and a copy of the original request for information
you sent to our institution.
http://www.legalaid.on.ca/
40 Dundas Street West, Suite 200, Toronto ON M5G 2H1 40, rue
Dundas Ouest, bureau 200, Toronto ON M5G 2H1 Toll free / Sans frais
: 1-800-668-8258 Phone / Tlphone : 416-979-2352 Fax / Tlcopieur :
416-979-1087 www.legalaid.on.ca
In addition, you must send an appeal fee to the Commissioner's
office. The appeal fee for general information is $25.00.
Yours truly, Robert W. Ward President/CEO Legal Aid Ontario
Encl.
http://www.legalaid.on.ca/
40 Dundas Street West, Suite 200, Toronto ON M5G 2H1 40, rue
Dundas Ouest, bureau 200, Toronto ON M5G 2H1 Toll free / Sans frais
: 1-800-668-8258 Phone / Tlphone : 416-979-2352 Fax / Tlcopieur :
416-979-1087 www.legalaid.on.ca
June 19, 2014
Dear
Re: Access to Information R eq u es t
Thank you for your request for access to information, which was
received in this office on May 7, 2014, along with the $5
application fee.
You requested the following records:
"Policy manuals or other documents setting out when refugee
claims (and subsequent procedures) were/are eligible for
certificates, from 2003 to present (including appendices).
Explanatory note: I realize that these have undergone many
shifts over time, and I do not need to see every version. However,
I would like to be able to see: (a) the general policies followed,
including when major revisions occurred, and (b) the dates when
particular countries (or types of claims from particular countries)
were added or removed from the lists that affect the type of
coverage provided or the process followed to determine
eligibility."
The following records are responsive to this request:
(1) Chapter 5: Refugee and Immigration Law Coverage (from Area
Office Policy Manual), dated October 2009
(2) Streamed Coded Country List - Basis of Claim List, dated
January 11, 2013
(3) Streamed Coded Country List (for applications made before
December 15, 2013), updated December 2012
(4) Legal Eligibility Manual -Refugee, August 4, 2005 (5) RPO
Claims -Centralized Intake - Merit Screening (6)
RefugeeApplications Manual-ProcedureforBasisofClaim(BOC)
coverage, ineffect February3,2014 (7) RefugeeApplications
Manual-Processfor RefugeeAppeal Division
(RAD) coverage - Pilot Project, ineffect March 11,2013 (7)
Refugee referralmanual-Process for referring refugee applicants
to
clinicsandstaffoffices-Phase2
http://www.legalaid.on.ca/
40 Dundas Street West, Suite 200, Toronto ON M5G 2H1 40, rue
Dundas Ouest, bureau 200, Toronto ON M5G 2H1 Toll free / Sans frais
: 1-800-668-8258 Phone / Tlphone : 416-979-2352 Fax / Tlcopieur :
416-979-1087 www.legalaid.on.ca
(8) RPO Claims - Centralized Intake -Merit Screening (9)
Appendix 7 -RefugeeApplications -Country List,August 31,2003
(10)Appendix7-RefugeeApplications -CountryList-FearofPersecution,
August 31, 2003 (11)Appendix 7 -RefugeeApplications - Country List,
November 25, 2002 (12) Appendix 7 - Refugee Applications -Country
List - Fear of Persecution, November 28, 2002
I am responsible for this decision. You may ask for a review of
this decision within 30 days of receiving this letter by writing
to: The Information and Privacy Commission/Ontario, 2 Bloor Street
West, Suite 1400, Toronto Ontario M4W 1A8, Telephone
1-800-387-0073.
If you decide to request a review of this decision, please
provide the Commissioner's office with the following: the file
number listed at the beginning of this letter; a copy of this
decision letter; and a copy of the original request for information
you sent to our institution.
In addition, you must send an appeal fee to the Commissioner's
office. The appeal fee for general information is $25.00.
Yours truly,
Robert W. Ward President/CEO Legal Aid Ontario
Encl.
http://www.legalaid.on.ca/
40 Dundas Street West, Suite 200, Toronto ON M5G 2H1 40, rue
Dundas Ouest, bureau 200, Toronto ON M5G 2H1 Toll free / Sans frais
: 1-800-668-8258 Phone / Tlphone : 416-979-2352 Fax / Tlcopieur :
416-979-1087 www.legalaid.on.ca
June 19, 2014
Dear
Re: Access to Information Request
Thank you for your request for access to information, which was
received in this office on May 7, 2014, along with the $5
application fee.
You requested the following records:
"LAO's 2013 Evaluation Report of the Refugee Law Office".
Section 90(2) of the Legal Aid Services Act allows Legal Aid
Ontario to disclose information received by an office or employee
of LAO in the provision of legal aid services if that disclosure is
authorized by the Corporation. Legal Aid Ontario is committed to
transparency and public access to information within the limits of
its governing legislation. In that spirit, Legal Aid Ontario
publishes information on its website which is of interest to the
public. It is the position of LAO that the evaluation report of the
Refugee Law Office is information that would be of interest to the
public. Therefore a decision has been made to post this report on
the external LAO website at www.lao.on.ca in the near future.
Section 22 of the Freedom of Information and Protection of
Privacy Act (FIPPA) states that a head may refuse to disclose a
record where the head believes on reasonable grounds that the
record or the information contained in the record will be published
by the institution within 90 days after the request is made or
within such further time as may be necessary for printing or
translating the material for the purpose of printing it. Because
the 2013 evaluation report of the Refugee Law Office will be made
available on LAO's public website within 90 days, the request for
the disclosure of the report is refused pursuant to s.22 of
FIPPA.
I am responsible for this decision. You may ask for a review of
this decision within 30 days of receiving this letter by writing
to: The Information and Privacy Commission/Ontario, 2 Bloor Street
West, Suite 1400, Toronto Ontario M4W 1A8, Telephone
1-800-387-0073.
http://www.legalaid.on.ca/http://www.lao.on/http:www.lao.on.ca
40 Dundas Street West, Suite 200, Toronto ON M5G 2H1 40, rue
Dundas Ouest, bureau 200, Toronto ON M5G 2H1 Toll free / Sans frais
: 1-800-668-8258 Phone / Tlphone : 416-979-2352 Fax / Tlcopieur :
416-979-1087 www.legalaid.on.ca
If you decide to request a review of this decision, please
provide the Commissioner's office with the following: the file
number listed at the beginning of this letter; a copy of this
decision letter; and a copy of the original request for information
you sent to our institution.
In addition, you must send an appeal fee to the Commissioner's
office. The appeal fee for general information is $25.00.
Yours truly,
Robert W. Ward President/CEO Legal Aid Ontario
http://www.legalaid.on.ca/
40 Dundas Street West, Suite 200, Toronto ON M5G 2H1 40, rue
Dundas Ouest, bureau 200, Toronto ON M5G 2H1 Toll free / Sans frais
: 1-800-668-8258 Phone / Tlphone : 416-979-2352 Fax / Tlcopieur :
416-979-1087 www.legalaid.on.ca
June 19, 2014
Dear
Re: Access to Information Request
Thank you for your request for access to information, which was
received in this office on May 7, 2014, along with the $5
application fee.
You requested the following records:
"Policy manuals or other documents setting out the internal
policies followed at LAO when there is a complaint made against a
member of an LAO certificate panel, from 1998 to present.
Explanatory note: I am interested in documents other than the
complaints policy that is currently available on LAO's
website."
-The following records are responsive to this request:
(1) Complaints Policy, approved September 15, 2002, in effect
until the centralization of complaints and coordinating policy were
approved by LAO's Compliance Committee on 26 June 2012.
(2) Complaints Form (3) Complaints Process-Overview (4)
Complaints Process - InitialStage (5) Complaints Process-Second
Stage (6) Complaints Process -Third Stage
We do not have records for the period from 1998 until 2002.
I am responsible for this decision. You may ask for a review of
this decision within 30 days of receiving this letter by writing
to: The Information and Privacy Commission/Ontario, 2 Bloor Street
West, Suite 1400, Toronto Ontario M4W 1A8, Telephone
1-800-387-0073.
http://www.legalaid.on.ca/
40 Dundas Street West, Suite 200, Toronto ON M5G 2H1 40, rue
Dundas Ouest, bureau 200, Toronto ON M5G 2H1 Toll free / Sans frais
: 1-800-668-8258 Phone / Tlphone : 416-979-2352 Fax / Tlcopieur :
416-979-1087 www.legalaid.on.ca
If you decide to request a review of this decision, please
provide the Commissioner's office with the following: the file
number listed at the beginning of this letter; a copy of this
decision letter; and a copy of the original request for information
you sent to our institution.
In addition, you must send an appeal fee to the Commissioner's
office. The appeal fee for general information is $25.00.
Yours truly,
Robert W. Ward President/CEO Legal Aid Ontario
Encl.
http://www.legalaid.on.ca/
40 Dundas Street West, Suite 200, Toronto ON M5G 2H1 40, rue
Dundas Ouest, bureau 200, Toronto ON M5G 2H1 Toll free / Sans frais
: 1-800-668-8258 Phone / Tlphone : 416-979-2352 Fax / Tlcopieur :
416-979-1087 www.legalaid.on.ca
June 19, 2014
Dear
Re: Access to Information Request
Thank you for your request for access to information, which was
received in this office on May 7, 2014, along with the $5
application fee.
You requested the following records:
"Statistics regarding the number of complaints made against
members of LAO's certificate panels, broken down by panel, and by
calendar year, from 1998 to present."
Please find enclosed a response from the Complaints Department,
with explanations. The statistics are based on fiscal year rather
than calendar year, and the complaints are not broken down by
panel.
The Complaints Department was created in 2003. Prior to that,
complaints were handled by the Investigations Department. There are
no statistics from the Investigations Department from 1998 to
2002.
I am responsible for this decision. You may ask for a review of
this decision within 30 days of receiving this letter by writing
to: The Information and Privacy Commission/Ontario, 2 Bloor Street
West, Suite 1400, Toronto Ontario M4W 1A8, Telephone
1-800-387-0073.
If you decide to request a review of this decision, please
provide the Commissioner's office with the following: the file
number listed at the beginning of this letter; a copy of this
decision letter; and a copy of the original request for information
you sent to our institution.
In addition, you must send an appeal fee to the Commissioner's
office. The appeal fee for general information is $25.00.
http://www.legalaid.on.ca/
Yours truly,
Robert W. Ward President/CEO Legal Aid Ontario
Encl.
40 Dundas Street West, Suite 200, Toronto ON M5G 2H1 40, rue
Dundas Ouest, bureau 200, Toronto ON M5G 2H1 Toll free / Sans frais
: 1-800-668-8258 Phone / Tlphone : 416-979-2352 Fax / Tlcopieur :
416-979-1087 www.legalaid.on.ca
http://www.legalaid.on.ca/
40 Dundas Street West, Suite 200, Toronto ON M5G 2H1 40, rue
Dundas Ouest, bureau 200, Toronto ON M5G 2H1 Toll free / Sans frais
: 1-800-668-8258 Phone / Tlphone : 416-979-2352 Fax / Tlcopieur :
416-979-1087 www.legalaid.on.ca
June 19, 2014
Dear
Re: Access to Information Request
Thank you for your request for access to information, which was
received in this office on May 7, 2014, along with the $5
application fee.
You requested the following records:
"Statistics regarding how many lawyers have been removed from
LAO's certificate panels, broken down by panel, by calendar year,
and by reason of removal, from 1998 to present."
Enclosed is a table that sets out the number of lawyers removed
from LAO's certificate panels from 2005 until the present. Please
note that the names of the lawyers and the areas of the province in
which they practised have been redacted to protect privacy.
I am responsible for this decision. You may ask for a review of
this decision within 30 days of receiving this letter by writing
to: The Information and Privacy Commission/Ontario, 2 Bloor Street
West, Suite 1400, Toronto Ontario M4W 1A8, Telephone
1-800-387-0073.
If you decide to request a review of this decision, please
provide the Commissioner's office with the following: the file
number listed at the beginning of this letter; a copy of this
decision letter; and a copy of the original request for information
you sent to our institution.
In addition, you must send an appeal fee to the Commissioner's
office. The appeal fee for general information is $25.00.
Yours truly,
http://www.legalaid.on.ca/
40 Dundas Street West, Suite 200, Toronto ON M5G 2H1 40, rue
Dundas Ouest, bureau 200, Toronto ON M5G 2H1 Toll free / Sans frais
: 1-800-668-8258 Phone / Tlphone : 416-979-2352 Fax / Tlcopieur :
416-979-1087 www.legalaid.on.ca
Robert W. Ward President/CEO Legal Aid Ontario
Encl.
http://www.legalaid.on.ca/
40 Dundas Street West, Suite 200, Toronto ON M5G 2H1 40, rue
Dundas Ouest, bureau 200, Toronto ON M5G 2H1 Toll free / Sans frais
: 1-800-668-8258 Phone / Tlphone : 416-979-2352 Fax / Tlcopieur :
416-979-1087 www.legalaid.on.ca
June 19, 2014
Dear
Re: Access to Information Request
Thank you for your request for access to information, which was
received in this office on May 7, 2014, along with the $5
application fee.
You requested the following records:
"Statistics about the number of complaints against members of
LAO's certificate panels that LAO referred to the Law Society of
Upper Canada, broken down by panel, and by calendar year, from 1998
to present."
Please find enclosed a response from the Complaints Department,
with explanations. The statistics are based on fiscal year rather
than calendar year, and are not broken down by panel.
The Complains Department was created in 2003. Prior to that,
complaints were handled by the Investigations Department. There are
no statistics from the Investigations Department from 1998 to
2002.
I am responsible for this decision. You may ask for a review of
this decision within 30 days of receiving this letter by writing
to: The Information and Privacy Commission/Ontario, 2 Bloor Street
West, Suite 1400, Toronto Ontario M4W 1A8, Telephone 1
-800-387-0073.
If you decide to request a review of this decision, please
provide the Commissioner's office with the following: the file
number listed at the beginning of this letter; a copy of this
decision letter; and a copy of the original request for information
you sent to our institution.
In addition, you must send an appeal fee to the Commissioner's
office. The appeal fee for general information is $25.00.
http://www.legalaid.on.ca/
Yours truly,
Robert W. Ward President/CEO Legal Aid Ontario
Encl.
40 Dundas Street West, Suite 200, Toronto ON M5G 2H1 40, rue
Dundas Ouest, bureau 200, Toronto ON M5G 2H1 Toll free / Sans frais
: 1-800-668-8258 Phone / Tlphone : 416-979-2352 Fax / Tlcopieur :
416-979-1087 www.legalaid.on.ca
http://www.legalaid.on.ca/
40 Dundas Street West, Suite 200, Toronto ON M5G 2H1 40, rue
Dundas Ouest, bureau 200, Toronto ON M5G 2H1 Toll free / Sans frais
: 1-800-668-8258 Phone / Tlphone : 416-979-2352 Fax / Tlcopieur :
416-979-1087 www.legalaid.on.ca
June 19, 2014
Dear
Re: Access to Information Request
Thank you for your request for access to information, which was
received in this office on May 7, 2014, along with the $5
application fee.
You requested the following records:
"Statistics regarding the number of lawyers about whom LAO has
asked the Law Society of Upper Canada to conduct quality assurance
audits pursuant to s.92(8) of the Legal Aid Services Act, broken
down by panel, and by calendar year, from 1998 to present."
There are no records responsive to this request.
I am responsible for this decision. You may ask for a review of
this decision within 30 days of receiving this letter by writing
to: The Information and Privacy Commission/Ontario, 2 Bloor Street
West, Suite 1400, Toronto Ontario M4W 1A8, Telephone
1-800-387-0073.
If you decide to request a review of this decision, please
provide the Commissioner's office with the following: the file
number listed at the beginning of this letter; a copy of this
decision letter; and a copy of the original request for information
you sent to our institution.
In addition, you must send an appeal fee to the Commissioner's
office. The appeal fee for general information is $25.00.
Yours truly,
Robert W. Ward President/CEO Legal Aid Ontario
http://www.legalaid.on.ca/
40 Dundas Street West, Suite 200, Toronto ON M5G 2H1 40, rue
Dundas Ouest, bureau 200, Toronto ON M5G 2H1 Toll free / Sans frais
: 1-800-668-8258 Phone / Tlphone : 416-979-2352 Fax / Tlcopieur :
416-979-1087 www.legalaid.on.ca
June 19, 2014
Dear
Re: Access to Information Request
Thank you for your request for access to information, which was
received in this office on May 7, 2014, along with the $5
application fee.
You requested the following records:
''The total amount of money that LAO has reimbursed the Law
Society of Upper Canada under section 92(11) of the Legal Aid
Services Act, broken down by calendar year, from 1998 to
present."
There are no records responsive to this request.
I am responsible for this decision. You may ask for a review of
this decision within 30 days of receiving this letter by writing
to: The Information and Privacy Commission/Ontario, 2 Bloor Street
West, Suite 1400, Toronto Ontario M4W 1A8, Telephone
1-800-387-0073.
If you decide to request a review of this decision, please
provide the Commissioner's office with the following: the file
number listed at the beginning of this letter; a copy of this
decision letter; and a copy of the original request for information
you sent to our institution.
In addition, you must send an appeal fee to the Commissioner's
office. The appeal fee for general information is $25.00.
Yours truly,
Robert W. Ward President/CEO Legal Aid Ontario
http://www.legalaid.on.ca/
40 Dundas Street West, Suite 200, Toronto ON M5G 2H1 40, rue
Dundas Ouest, bureau 200, Toronto ON M5G 2H1 Toll free / Sans frais
: 1-800-668-8258 Phone / Tlphone : 416-979-2352 Fax / Tlcopieur :
416-979-1087 www.legalaid.on.ca
June 19, 2014
Dear
Re: Access to Information Request
Thank you for your request for access to information, which was
received in this office on May 7, 2014, along with the $5
application fee.
You requested the following records:
"Copies of all records provided to the LAO Board of Directors
relating to quality of counsel concerns, from 1998 to present."
I have identified records that are responsive to your request. I
have concluded that this information is exempt from disclosure
under section 13 of the Freedom of Information and Protection of
Privacy Act (FIPPA) - advice to government. Section 13(1) states
that a head may refuse to disclose a record where the disclosure
would reveal advice or recommendations of a public servant, any
other person employed in the service of an institution or a
consultant retained by an institution. It is LAO's position that
records provided to the LAO Board of Directors dealing with quality
of counsel concerns would fall within this exemption. None of the
exemptions set out in s.13(2) would apply to the records
requested.
The Supreme Court of Canada in John Doe v. Ontario (Finance),
2014 SCC 36, provided an expansive definition of the types of
records that would constitute advice within the meaning of s.13 of
FIPPA. The Supreme Court stated that advice can include policy
options, which can range from detailed discussions, setting out the
pros and cons of each option, with a set of recommendations, to a
simple list of options for future consideration, without any
evaluation as to their merits. The Supreme Court stated that the
rationale for excluding advice or recommendations within government
institutions was to preserve an effective and neutral public
service so as to permit public servants to provide full, free and
frank advice. The ordering of disclosure of advice given by public
officials and of confidential discussions within the public service
on policy options would erode government's ability to formulate and
justify its policies.
http://www.legalaid.on.ca/
40 Dundas Street West, Suite 200, Toronto ON M5G 2H1 40, rue
Dundas Ouest, bureau 200, Toronto ON M5G 2H1 Toll free / Sans frais
: 1-800-668-8258 Phone / Tlphone : 416-979-2352 Fax / Tlcopieur :
416-979-1087 www.legalaid.on.ca
It is LAO's position that this definition of advice would cover
the records sought in this case, and accordingly LAO is refusing to
disclose the requested records.
In the alternative, if s.13 does not apply, I have concluded
that this information is subject to section 90 of the Legal Aid
Services Act (LASA) and is not subject to disclosure under FIPPA
for that reason.
Section 90 provides as follows:
90.(1) A member of the board of directors, an officer or
employee of the Corporation, an area director, a member of an area
committee, a lawyer, a service-provider or a member, officer,
director or employee of a clinic, student legal aid services
society or other entity funded by the Corporation shall not
disclose or permit to be disclosed any information or material
furnished to or received by him or her in the course of his or her
duties or in the provision of legal aid services.
(2) A person referred to in subsection (1) may disclose
information or allow it to be disclosed in the performance of his
or her duties or in the provision of legal aid services or with the
consent of the applicant or if authorized by the Corporation.
The Information and Privacy Commissioner has stated in Order
P0-2994 that section 90(1) of LASA is intentionally broad and is
meant to capture all types and forms of information and materials,
including records that originated with or were exchanged within
LAO. The records that you seek fall within this definition because
they contain information that was furnished to or received by any
of the enumerated persons in the course of his or her duties or in
the provision of legal aid services.
Please be aware that it is the position of Legal Aid Ontario
that s. 90 of the Legal Aid Services Act, by legislation, prevails
over the Freedom of Information and Protection of Privacy Act: see
s.103 of the Legal Aid Services Act and s. 67(2) of the Freedom of
Information and Protection of Privacy Act.
I am responsible for this decision. You may ask for a review of
this decision within 30 days of receiving this letter by writing
to: The Information and Privacy Commission/Ontario, 2 Bloor Street
West, Suite 1400, Toronto Ontario M4W 1A8, Telephone
1-800-387-0073.
http://www.legalaid.on.ca/
40 Dundas Street West, Suite 200, Toronto ON M5G 2H1 40, rue
Dundas Ouest, bureau 200, Toronto ON M5G 2H1 Toll free / Sans frais
: 1-800-668-8258 Phone / Tlphone : 416-979-2352 Fax / Tlcopieur :
416-979-1087 www.legalaid.on.ca
If you decide to request a review of this decision, please
provide the Commissioner's office with the following: the file
number listed at the beginning of this letter; a copy of this
decision letter; and a copy of the original request for information
you sent to our institution.
In addition, you must send an appeal fee to the Commissioner's
office. The appeal fee for general information is $25.00.
Yours truly,
Robert W. Ward President/CEO Legal Aid Ontario
http://www.legalaid.on.ca/
40 Dundas Street West, Suite 200, Toronto ON M5G 2H1 40, rue
Dundas Ouest, bureau 200, Toronto ON M5G 2H1 Toll free / Sans frais
: 1-800-668-8258 Phone / Tlphone : 416-979-2352 Fax / Tlcopieur :
416-979-1087 www.legalaid.on.ca
June 19, 2014
Dear
Re: Access to Information Request
Thank you for your request for access to information, which was
received in this office on May 7, 2014, along with the $5
application fee.
You requested the following records:
"A list of all litigation (if any), from 1998 to present,
involving LAO and the removal of lawyers from LAO panels, including
the case number, docket number, or other identifying
information."
There are no records responsive to this request.
I am responsible for this decision. You may ask for a review of
this decision within 30 days of receiving this letter by writing
to: The Information and Privacy Commission/Ontario, 2 Bloor Street
West, Suite 1400, Toronto Ontario M4W 1AS, Telephone
1-800-387-0073.
If you decide to request a review of this decision, please
provide the Commissioner's office with the following: the file
number listed at the beginning of this letter; a copy of this
decision letter; and a copy of the original request for information
you sent to our institution.
In addition, you must send an appeal fee to the Commissioner's
office. The appeal fee for general information is $25.00.
Yours truly,
Robert W. Ward President/CEO Legal Aid Ontario
http://www.legalaid.on.ca/
40 Dundas Street West, Suite 200, Toronto ON M5G 2H1 40, rue
Dundas Ouest, bureau 200, Toronto ON M5G 2H1 Toll free / Sans frais
: 1-800-668-8258 Phone / Tlphone : 416-979-2352 Fax / Tlcopieur :
416-979-1087 www.legalaid.on.ca
June 19, 2014
Dear
Re: Access to Information Request
Thank you for your request for access to information, which was
received in this office on May 7, 2014, along with the $5
application fee.
You requested the following records:
"The following information regarding the following lawyers: (a)
and, (b)
(1) Date of joining the refugee law panel (2) Date(s) of
suspension(s) from the refugee law panel (if any) (3) Date of
removal from the refugee law panel (if any) (4) Number of refugee
law certificates from 2008 to present for which the
lawyer served as counsel, broken down by calendar year, by
country, and by type of certificate (e.g. RPO opinion, RPO hearing,
JR opinion, etc)
(5) Total amount of money paid to the lawyer by LAO in refugee
law matters from 2008 to present, broken down by calendar year, and
by country
(6) Number of LAO funded former refugee law clients of the
lawyer from 2008 to present who asked to change to another counsel,
broken down by calendar year, and by country
(7) Number of complaints to LAO made against the lawyer from
2008 to present, broken down by calendar year
(8) Number of complaints to LAO made against the lawyer from
2008 to present that were referred by LAO to the Law Society of
Upper Canada, broken down by calendar year.
I am unable to confirm or deny whether reports exist which are
responsive to your request. That is so because disclosure of that
information, should it exist, would disclose personal information
as defined under s.2 of FIPPA.
The definition of "personal information" in s.2 of FIPPA means
recorded information about an identifiable individual,
including:
http://www.legalaid.on.ca/
40 Dundas Street West, Suite 200, Toronto ON M5G 2H1 40, rue
Dundas Ouest, bureau 200, Toronto ON M5G 2H1 Toll free / Sans frais
: 1-800-668-8258 Phone / Tlphone : 416-979-2352 Fax / Tlcopieur :
416-979-1087 www.legalaid.on.ca
(b) information relating to the education or the medical,
psychiatric, psychological, criminal or employment history of the
individual or information relating to financial transactions in
which the individual has been involved,
(f) the views or opinions of another individual about the
individual.
Personal information is not subject to disclosure under s.21 of
the Freedom of Information and Protection of Privacy Act (FIPPA).
Section 21(1) states that a head shall refuse to disclose personal
information to any person other than the individual to whom the
information relates except in the following circumstances: (a) with
the written consent of the individual to whom the information
relates; (b) compelling circumstances affecting the health or
safety of an individual; (c) the personal information has been
specifically collected to create a record accessible to the general
public; (d) disclosure is expressly permitted by statute; (e) for a
research purpose if the disclosure is consistent with the
conditions under which the information was collected; (f)
disclosure does not constitute an unjustified invasion of privacy.
None of these exemptions apply in this case.
In addition, section 21(3)(f) states that a disclosure of
personal information is presumed to constitute an unjustified
invasion of personal privacy where the personal information
describes an individual's finances, income, assets, liabilities,
net worth, bank balances, financial history or activities, or
creditworthiness. In accordance with 21(5), I am neither confirming
nor denying that such records exist.
Furthermore, I am unable to confirm or deny whether records
exist which are responsive to your request on the basis that
disclosure of that information, should it exist, would disclose
information relating to an investigation. Section 14(2)(a) of FIPPA
states that a head may refuse to disclose a record that is a report
prepared in the course of law enforcement, inspections or
investigations by an agency which has the function of enforcing and
regulating compliance with a law, with respect to items 2, 3, 6, 7
and 8. In accordance with s.14(3) of FIPPA, I am neither confirming
nor denying whether a record to which s.14(2) applies exists.
I am also claiming the exemption under s.19(1) of FIPPA on the
basis that the information sought under items 6,7 and 8 is subject
to solicitor and client privilege. Section 89(1) of the Legal Aid
Services Act (LASA) states that all legal communications between
the Corporation, an officer or employee of the Corporation, an area
director or member of an area committee and an applicant for legal
aid services are privileged in the same manner and the same extent
as solicitor-client communications. Communications about the
quality of service,
http://www.legalaid.on.ca/
40 Dundas Street West, Suite 200, Toronto ON M5G 2H1 40, rue
Dundas Ouest, bureau 200, Toronto ON M5G 2H1 Toll free / Sans frais
: 1-800-668-8258 Phone / Tlphone : 416-979-2352 Fax / Tlcopieur :
416-979-1087 www.legalaid.on.ca
including applications to change solicitors, and complaints by
applicants would be privileged under LASA, and are therefore not
subject to disclosure under s.19(1) of FIPPA.
In the event that the above provisions of FIPPA are not
applicable, I have concluded that all of the information in the
request is subject to section 90 of the Legal Aid Services Act
(LASA) and is not subject to disclosure under the Freedom of
Information and Protection of Privacy Act (FIPPA), for that reason.
Section 90 provides as follows:
90.(1) A member of the board of directors, an officer or
employee of the Corporation, an area director, a member of an area
committee, a lawyer, a service-provider or a member, officer,
director or employee of a clinic, student legal aid services
society or other entity funded by the Corporation shall not
disclose or permit to be disclosed any information or material
furnished to or received by him or her in the course of his or her
duties or in the provision of legal aid services.
(2) A person referred to in subsection (1) may disclose
information or allow it to be disclosed in the performance of his
or her duties or in the provision of legal aid services or with the
consent of the applicant or if authorized by the Corporation.
The Information and Privacy Commissioner has stated in Order
P0-2994 that section 90(1) of LASA is intentionally broad and is
meant to capture all types and forms of information and materials,
including records that originated with or were exchanged within
LAO. It is submitted that records dealing with a complaint to Legal
Aid Ontario regarding a panel lawyer are covered by s.90 of LASA
and are excluded from the scope of FIPPA pursuant to s.67(2).
I am responsible for this decision. You may ask for a review of
this decision within 30 days of receiving this letter by writing
to: The Information and Privacy Commission/Ontario, 2 Bloor Street
West, Suite 1400, Toronto Ontario M4W 1A8, Telephone
1-800-387-0073.
If you decide to request a review of this decision, please
provide the Commissioners office with the following: the file
number listed at the beginning of this letter; a copy of this
decision letter; and a copy of the original request for information
you sent to our institution.
In addition, you must send an appeal fee to the Commissioners
office. The appeal fee for general information is $25.00.
http://www.legalaid.on.ca/
Yours truly
Robert W. Ward President/CEO Legal Aid Ontario
40 Dundas Street West, Suite 200, Toronto ON M5G 2H1 40, rue
Dundas Ouest, bureau 200, Toronto ON M5G 2H1 Toll free / Sans frais
: 1-800-668-8258 Phone / Tlphone : 416-979-2352 Fax / Tlcopieur :
416-979-1087 www.legalaid.on.ca
http://www.legalaid.on.ca/
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