Windsor Police Service Board Ordered To Disclose Additional Police Proposal Records

The Information and Privacy Commissioner Ontario issued Order MO-3927 regarding an Appeal of Windsor Police’s decision to withhold access to parts of its policing proposal to Amherstburg.

Read Want The Windsor Policing Proposal? Pay For It for a detailed background that began in June 2018. Mayor DiCarlo advised the Windsor response would be made public.

Windsor Police relied on several reasons for its decision, including discretionary exemptions: sections 11(f) (economic and other interests), 6(1)(b) (closed meeting), 8(1)(c) (reveal investigative techniques and procedures), (e) (endanger life or safety), (g) (intelligence information), (i) (security) and (l) (facilitate commission of an unlawful act).

ORDER:

  1. I do not uphold WPSB’s decision that section 52(3) applies to pages 23, 24, 28, 29 and 32 of the record and order it to issue an access decision with respect to the these pages. For the purposes of the procedural
    requirements of the access decision, the date of this order is to be treated as the date of the access request.
  2. I uphold the WPSB’s decision to deny access to the information on pages 45 and part of 47 (the code information only) on the basis of section 8(1) (l) of the Act .
  3. I order the WPSB to disclose the following pages of the record: 33, part of 47 (the non-code information), 48, 49, 53, 54, 55, 56, 57, 58, 59, 61, 62, 64, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 96, 97, 98, 99, 100, 122, 130 and 131 by providing the appellant with a copy of these pages by July 7, 2020.
  4. In order to verify compliance with order provisions 1 and 3, I reserve the right to require the police to provide me with a copy of the access decision and the records sent to the appellant.
  5. The timelines in order provisions 1 and 3 may be extended if the police are unable to comply in light of the current COVID-19 situation. I remain seized of the appeal to address any such requests.

UPDATE: Windsor Police Service Information and Privacy Co-ordinator requested a 30 day extension from July 6, 2020.

OCPC Decision On Policing Due By End Of August

The then-OCCPS approved the 1999 amalgamation of the new Amherstburg police and the three patrol zones on the one condition that no changes were to be made without the written permission of OCCPS.

By 2010, the three patrol zones were reduced to two and Amherstburg Police Chief Berthiaume was tight-lipped about deployment in the previous year citing the release of this information could reasonably be expected to make their work more dangerous in many situations endangering the life or physical safetly of our law enforcement officers.

The year had already passed so how very unlikely that addressing accountability would have endangered anyone.

OCPC has now approved Windsor’s proposal to provide only two patrol zones.

The Commission has advised its decision regarding the Town’s application to disband the Amherstburg police services will deal with the changes to the policing in Amherstburg since the Commission’s previous decision.

The full decision with reasons will be provided by the end of August.