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Previous Decisions The Ministry’s decision was appealed to an Information and Privacy Commissioner (“Commissioner”). The Ontario Divisional Court and Ontario Court of Appeal upheld the Commissioner’s decision.

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 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; …As a result, this exemption could, and should, have been used to bar the request. “The Ministry in fact had no discretion to exercise s. Releasing the general location of offenders would still increase unease and vigilantism, which in turn qualified this request for the exemption. “[I]t was unsupported by the evidence and arguments placed before the Commissioner” (para 40).The SCC also rejected a distinction the Ministry made in this specific argument; namely, that there was a difference between public identification, identification of the location of the sex offender’s residence, and location itself as an identifier.

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This provides clarity within the law of Ontario, and elsewhere.

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