The Foster Care Council of Canada is going to look into the death of Jim Malone by making a freedom of information request for the officers notes who attended the day Mr. Malone drove his truck into the building and died.
August 01, 2007: We have contacted the officer who was on scene the day of the incident and are attempting to obtain more information.
His first response to me was
"I was the officer in charge of the case , privacy laws prohibit me from releasing any information. You may be able to make a FOI request for the report .
His second response was...
"The request would be made to the Windsor Police Servcie , and for a number of reasons , I will not discuss the case .."
I then wrote this to the Windsor Police Service
"I would like to make a FIPPA or MFIPPA request for officers notepads or any other documents or records of any officers who worked on the case of Jim Malone who drove his truck into the Children's Aid Society Building in October of 2004.
I am specifically seeking information pertaining to the Suicide note that Mr Malone wrote prior to his driving his truck into the Children's Aid Society building.
At the time, Windsor Police Officer Gerald Corriveau was in charge of the case.
Could you please inform me of how I would do this and what wording I would use?
For example, do I ask for Officers notepads or notes or notebooks?
What other reports or documents could I ask for by name which might refer to a suicide note which could have been found at the scene or at his home?"
I was responded to with the following instruction for making the request which anyone can do if they are interested
THE MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT
RE: NOTICE OF APPLICATION FEE
Be advised, you must make an application pursuant to the Municipal Freedom of Information and Protection of Privacy Act for the records you have requested.
Pursuant to section 17(1)(c) and section 5.3(1) of the Regulation 823 of the Act, an application fee of $5.00 is to be paid upon submission of each request. Please re-submit your written letter of request with the appropriate fee to my attention. Your cheque or money order should be made payable to the Windsor Police Service.
An additional fee may apply to the records requested. Notification of any further fees assessed will be sent upon review of the records. A receipt for all fees paid will be issued with the final response letter.
Pursuant to section 19 of the Act, this police service has 30 days to prepare the records for release and issue a decision letter. Please note that your name may be subject to release to any person who is affected by your request. All individuals other than yourself whose personal information may be contained in the relevant records may be contacted to seek consent to release their personal information to you. This information will not be released without the consent of the affected individual.
If a decision is made to contact other individuals, section 21(7) allows the institution an additional 30 days to make a final decision once the 3rd party individual has been contacted. In effect, you should know that your request could possibly take up to 60 days in total to process.
Any further questions regarding the access process or the Municipal Freedom of Information and Protection of Privacy Act in general may be directed to me at (519) 255-6700 extension 4145.
Susan Gagnon, Co-ordinator,
Information and Privacy Unit.
Windsor Police Service
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