The Quebec Act respecting acess to documents held by public bodies states that a public body must refuse to release a document if the release will: 28 (5) cause prejudice to the person who is the source or the subject of the information 28 (9) prejudice the fair hearing of a person's case. What is meant by prejudice? The document I am requesting is a police file. I am expecting it to reveal the truth on an essential element of a civil suit I have against the policemen who created the file. Could this be construed as prejudice?
Province/Territory relating to question: Quebec
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Hi,I'm a Quebec lawyer.Did the police refuse to release the file you want a copy of?
Yes. I've gone twice through access to information and twice through the SPVM archive. The answer is always the same. They won't release it because it's before the courts. The only thing that is before the courts is my malicious prosecution suit. I don't think that releasing the police file would prejudice that hearing, in fact it is necessary for a fair hearing because it will provide evidence to an essential element.
Do I understand the Access of information board ruled twice on your case refusing your demand?
It was Alain Cardinal, avocat, Chef du Service des affairs juridiques Responsable de l'acces a l'information SPVM who rejectected my request in 2008 and 2011 on the grounds that the legal procedures were in progress. Cardinal sited sections 28, 53, 59 and 88 of the Act. I don't think he acted correctly. I am going to ask again, this time making arguements referencing the Act above. If I'm refused again, I'm going to ask that the decision be reviewed.
My question was, what is meant by prejudice in this context, which is general enough.
The law does not define the meaning of prejudice and case law does not help us either.In this case, Me Cardinal has the position that the divulgation of the facts of the file wanted will harm other people.If you disagree with that, you can go in front of the board that will look at the said file and overturn of maintain Me Cardinal's decision.It will render a written judgment.You should ask for the review of the decision of the police if you disagree with it.I hope my answer sends you in the right direction. I'd be glad to answer follow-up questions.If and when we are done, please do not forget to kindly press the "ACCEPT" button so the site will release the portion of the funds you already paid that Go to the expert.Best regards,Jeremie XXXXX XXXXX
I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients
The faces are greyed out. I don't see how to accept.
Hi,Just click the first face I guess or the one who says you have got your answer, I cannot see what you see.I hope it works tout.Thanks and have a great day.Jeremie XXXXX XXXXX
I'm behind a firewall. I'll try again at home.
Thank you very much.Have a great day!Jeremie XXXXX XXXXX
Is the problem with accepting the answer solved?
I forgot to try from home last night. The face buttons are still greyed out here at work behind the firewall. I'll try to remember to do it tonight. cheers!
Thank you very much and have a great day at work.Jeremie XXXXX XXXXX