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The Ministry, in this case, argued that a combination of statutory provisions displaced that supremacy. It found that “[t]he legislature [had] turned its mind to the interaction between the , (a) interfere with a law enforcement matter; …

(e) endanger the life or physical safety of a law enforcement officer or any other person; …

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).

Level III (High Risk) offenders and homeless offenders are contacted at least every 30 days to verify their status and, upon initial registration or the assignment of a risk level, a public notification is held as appropriate.

Moderate Level offenders are checked on every 90 days and Low Risk offenders are verified every 120 days.

The Ministry argued that the Commissioner improperly applied too high a threshold, and that the correct test was “evidence to establish a reasonable basis for believing that endangerment will result from disclosure” (para 48). The SCC held that there was no practical difference “between ‘a reasonable expectation of probable harm’ and a ‘reasonable basis for believing’ that harm will occur” (para 51).

While the former standard is used in an analogous exemption to the federal freedom of information legislation, both tests encapsulate the same idea: the statute is trying “to mark out a middle ground between that which is probable and that which is merely possible.

The Commissioner determined that the applied to the Registry, and that “[t]he information sought was not exempted personal information because it was not reasonable to expect that an individual might be identified if the information were disclosed” (para 2). The Supreme Court of Canada: Was the request inconsistent with Christopher’s Law or the FIPPA? on the web to be notified by e-mail, telephone or fax when a registered sex offender moves into your zip code area.