P.O. BOX 60 WINDSOR, ON N9A 6J5 PH: (519) 255-6700 WINDSOR POLICE SERVICE FAX: (519) 255-6191 Email: info@police.windsor.on.ca Website: www.police.windsor.on.ca January 13, 2020 File #20-002 Jason Viau 825 Riverside Dr W Windsor, Ontario N9A 5K9 Dear Mr. Viau: RE: _ACCESS REQUEST | am responding to your request, under the Municipal Freedom of Information Act, for access to the case file regarding the murder of Ljubica Topic and the name of the person responsible for her death. Please be advised, after a careful review of both the Municipal Freedom of Information Act and the Police Services Act, a decision has been made to deny access to the information you are seeking. Section 5(1) of the Municipal Freedom of Information Act permits the disclosure of personal information if it is in the public interest to do so. | have reviewed this section and found in order to quality for disclosure the record must reveal a grave environment, health or safety hazard to the public. Since the individual responsible for the death of Ljubica Topic is deceased, he no longer poses a threat to the public, therefore, this section does not apply. Section 41 of the Police Services Act permits the Chief or his/her designate to release personal information for a number of reasons. The disclosure, however, must be in accordance with the corresponding regulation (265/98). Sections 2 and 3 of Regulation 265/98 apply to the circumstances of this request, however, both sections state that the individual, whose personal information is to be disclosed, must be arrested, charged or convicted of the offence. Additionally, when considering the disclosure, the Chief or designate must reasonably believe the release of the personal information will reduce the risk posed by the individual. This individual was never arrested, charged or convicted of this crime and is now deceased. He no longer poses a risk to the safety of the public, therefore, sections 2 and 3 also do not apply to the records. This information is being denied pursuant to section 14 of the Municipal Freedom of Information and Protection of Privacy Act. This section applies because: Subsection Reason 14(1)(f) A head shall refuse to disclose personal information to any person other than the individual to whom the information relates except if the disclosure does not constitute an unjustified invasion of personal privacy.. The Act further goes on to define an unjustified invasion of personal information in section 14: 14(3)(b) A disclosure of personal information is presumed to constitute an unjustified invasion of personal privacy if the personal information was compiled and is identifiable as part of an investigation into a possible violation of law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation. lam responsible for these decisions. Please contact me if you have any questions or concerns at (519) 255-6700, extension 4145. You are entitled to request a review of these decisions by submitting a request in writing to the Information and Privacy Commissioner, 2 Bloor Street East, Toronto, Ontario, M4W 1A8. You have 30 days to make this request. Should you wish to pursue an appeal, the appeal fee is $25.00 and must be submitted with your letter of appeal. Please make your cheque or money order payable to the Minister of Finance. Please also include a copy of this letter along with your letter of appeal. Yours truly, Shelley Chhradl Information and Privacy Unit Enclosure 5 (1) MUNICIPAL FREEDOM OF INFORMATION ACT Despite any other provision of this Act, a head shall, as soon as practicable, disclose any record to the public or persons affected if the head has reasonable and probable grounds to believe that it is in the public interest to do so and that the record reveals a grave environmental, health or safety hazard to the public. P.O. BOX 60 WINDSOR, ON N9SA6J5 PH: (519) 255-6700 WINDSOR POLICE SERVICE FAX: (519) 255-6191 Email: info@police.windsor.on.ca Website: www.police.windsor.on.ca December 16, 2022 File #22-738 Jason Viau 825 Riverside Dr W Windsor, ON N9A 5K9 Dear Mr. Viau: ACCESS REQUEST lam responding to your access request, under the Municipal Freedom of Information and Protection of Privacy Act, for a copy of the full identity of the male Windsor Police say is responsible for the death of Ljubica Topic. Please be advised, the records that you are seeking contain the personal information of a deceased individual. In accordance with the Municipal Freedom of Information Act this individual maintains his privacy rights for a period of thirty years after death, therefore, the release of the records would constitute an unjustified invasion of this individual's personal privacy. For this reason | must deny access to a copy of the records in its entirety Access to the records is denied pursuant to section 14 of the Municipal Freedom of Information and Protection of Privacy Act. This section applies because: Subsection Reason 14(1)(a) A head shall refuse to disclose personal information to any person other than the individual to whom the information relates except upon the written request or consent of the individual, if the record is one to which the individual is entitled to have access 14(1)(f) A head shall refuse to disclose personal information to any person other than the individual to whom the information relates except if the disclosure does not constitute an unjustified invasion of personal privacy The Act further goes on to define an unjustified invasion of personal information in section 14: 14(3)(b) A disclosure of personal information is presumed to constitute an unjustified invasion of personal privacy if the personal information was compiled and is identifiable as part of an investigation into a possible violation of law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation. (NN | am responsible for these decisions. Please contact me if you have any questions or concerns at (519) 255-6700, extension 4145 or by email at mrobinet@windsor.police.ca. You are entitled to request a review of these decisions by submitting a request in writing to the Information and Privacy Commissioner, 2 Bloor Street East, Suite 1400, Toronto, Ontario, MSW 1A8 or on line at www.ipc.on.ca. You have 30 days to make this request. Should you wish to pursue an appeal, the appeal fee is $25.00 and must be submitted with your letter of appeal. Please make your cheque or money order payable to the Minister of Finance. Please also include a copy of this letter along with your letter of appeal. Yours truly, Tala HobeneL Marilyn Robinet, Co-ordinator, Information and Privacy Unit, Windsor Police Service oN