The Ontario government is again hiding abortion information from a freedom of information request I did. The last time they did this, we were forced to go to court. We won that case.
Pretty sad that one must go to all that time and expense of a court case, just to practice your freedom of expression rights that you theoretically have, and that the army of government highly paid lawyers says nope, we don't want to let you have your rights. If you want them, then go to court.
Below is a copy of the letter I received that refused my request, and my request is also detailed in that refusal letter.
And remember. If we hadn't fought my last case, Ontario would still not be getting accurate abortion numbers based on doctor's billing codes. They would still be hidden. Here is Justice Marc R. Labrosse's reasons for his decision last time. The Information Commissioner intervened in our case. It took no position on the outcome of our Application. Justice Labrosse was very clear in his decision, and it is a very enlightening read.
I am appealing their decision.
Here is that refusal letter.
Our File – Notre référence A-2024-00026 / FT
Dear Patricia Maloney:
I am replying to your access request made under the Freedom of Information and Protection of Privacy Act (the Act) for the following information:
1) Please provide information on how abortion clinics in Ontario are inspected to ensure that they follow all regulations and compliance for health and safety requirements. Include how often inspections are performed.
2) Please provide information on the results of all compliance inspections for all abortion clinics in Ontario for the past five years.
Clarification as of March 26, 2024:
1) The requester is willing to limit the request to the last two years (calendar or fiscal).
2) The requester is seeking only Ottawa and Toronto clinics.
Time frame: The last 2 fiscal or calendar years
A comprehensive search was conducted by the Health Programs and Delivery Division and 3 records (285 pages) were located in response to your request. Based on the fact that the records fall under the exclusionary provision, Section 65(13)(a), of the Act, access is denied in full. Angie Wong, Acting Assistant Deputy Minister, Health Programs and Delivery Division, is responsible for this decision.
A copy of the section of the Act is attached to this letter and it provides the Health Programs and Delivery Division the right to deny access to records.
You may request a review of this decision by the Information and Privacy Commissioner 2 Bloor Street East, Suite 1400, Toronto ON M4W 1A8. Please note that you have 30 days from the date of this letter to request a review. In the event that you do seek a review, please provide the Commissioner’s Office with:
The request file number: A-2024-00026 / FT
A copy of this decision letter.
A copy of your original request.
A cheque or money order in the amount of $25.00 payable to the Minister of Finance.
Sincerely,
Enclosure
Consultant | Access, Privacy & Corporate Information / Corporate Services Division
Ministry of Health | Ontario Public Service
Taking pride in strengthening Ontario, its places and its people
The Freedom of Information and Protection of Privacy Act
Exemptions
Application of Act
Non-application of Act, provision of abortion services
65(13) This Act does not apply to information relating to the provision of abortion services if,
(a) the information identifies an individual or facility, or it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify an individual or facility
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