Charlottetown police slammed in ruling; privacy commissioner says force didn't fulfil duty
CBC
A new ruling from P.E.I.'s privacy commissioner says Charlottetown Police Services' response to repeated requests from her office was "disappointing," saying officers ignored their obligations under the Freedom of Information and Protection of Privacy Act.
Information and Privacy Commissioner Denise N. Doiron found the police force did an inadequate job responding to an access to information review related to a request by CBC News.
She's now compelling the force to do a full-scale investigation to review officers' records.
The ruling is in response to an access to information request CBC News filed after police refused multiple requests for comment regarding their handling of alleged druggings.
"[Charlottetown Police Services] has not fulfilled its duty to assist or to respond openly, accurately and completely," wrote Doiron in the ruling.
In 2021, CBC News filed a request for the records of four senior-ranking Charlottetown police officers relating to stories about a rash of alleged drink spikings and concern over how police complaints were handled.
Three of the four officers responded to the request for information, but one officer, Det. Darren MacDougall, responded by saying he had no records.
However, emails released by other officers show MacDougall was copied on relevant correspondence.
CBC News challenged the response, asking the privacy office to examine whether an adequate search had been done.
Doiron's ruling outlined that members of Charlottetown Police Services did not respond to multiple requests from her office for information about how they had searched their records.
She wrote that MacDougall responded once, repeating his assertion that he had no relevant records, but he did not answer questions about why he believed he had conducted a reasonable search.
"I must conclude that the [Charlottetown Police Services] has not met their burden of proof to establish that they conducted a reasonable search," wrote Doiron.
She added that this undermines a stated purpose of access to information — ensuring public bodies are acting in accordance with laws.
"This is necessary to ensure that citizens' rights are being protected and promotes transparency and confidence in public bodies," the ruling said. "A public body not participating in the review process defeats the purpose."
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