Friends of the Cawthra Bush
Greater Mississauga Area
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The Information and Privacy Commissioner/Ontario
ATTN: Ann Cavoukian, IPC Commissioner.
80 Bloor Street W., Suite 1700
Toronto Ont. M5S 2V1
RE: Request for special reconsideration.
Dear Ms: Nov. 4 , 2003
This reconsideration is in regards to two IPC Orders, M-947 & MO-1519, as the IPC has stated in Order M-947 "6. This office remains seized of this matter for whatever period is necessary to ensure implementation of, compliance with this order" and in Order MO-1519 "5. This office remains seized of this matter for whatever period is necessary to ensure implementation of, compliance with this order", normal reconsideration times limits should not apply. Also due to shocking new evidence in regards to how wrongly the City of Mississauga is implementing IPC Orders, M-947 & MO-1519 to violate significance key elements of the Municipal Freedom of Information and Protection of Privacy Act (the Act), especially the Privacy sections, to eliminate the grass roots community groups, the Friends of the Cawthra Bush & Greater Mississauga Area (FCB) and The Cawthra Ratepayers' and Residents' Association (CRRA). Who were trying to save the Cawthra Bush from the City. The Cawthra Bush is a Provincially Significant Wetlands Complex, an Old-growth urban forest which is also home to Jefferson Salamander, declared by the Canadian government to be a threatened species. Just to note some of its worthy features.
This is a very special case in that the IPC must take responsibility for what has occurred as the IPC wrote the Orders that are being so grossly abused, extended far beyond the lawful power that the Act authorizes, to the point of being an attack on the integrity, intent and the spirit of the Act itself. The IPC has a moral and ethical responsibility to remedy the harm and suffering it is ultimately responsible for in Mississauga and to ensure it does not spread in any way to the rest of Ontario.
Unless it was the intention of the IPC; to become the weapon of choice for politicians and bureaucrats to destroy community groups that opposed politicians/government plans; to ensure those who would fight for a stronger and a more accountable Democracy, are to be denied the life blood of accurate government records and frustrate them into giving up; to ensure the defenders of the Cawthra Bush a Provincially Significant Wetlands Complex and the Jefferson Salamanders that live in it are left with no realistic means to stop the City's slow destruction of this Old-growth urban forest; and set such dangerous legal precedence as legalizing government censorship, cover-up by way of guilty of association to the point of a life time ban on the community that not even a political party, the Green Party, can access City records; and that even denies the public non-FOI related services such as talking to Planning staff. Then the IPC needs to withdraw and reconsideration Orders, M-947 & MO-1519.
I request that Orders, M-947 & MO-1519 be withdrawn as the wording in them is being used to far exceed the powers that legislation has granted the Act. This is particularly true in Order MO-1519 and shown in the documents supplied in my Nov. 3/03, request for a Compliance investigation and in the City of Mississauga's FOI Co-ordinators, Joan LeFeuvre, own words. Further examples or reasons on the next page.
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dated March 4, 2002, from Joan LeFeuvre to staff of all
Blacklisting an identified FOI requester by noting the IPC Orders
3). The IPC
Order MO-1519 was in the same way to block access to an
4). To follow
Joan LeFeuvre's directions "the City is not required to
the disclosure of my (and likely others), "personal information"
That a political agenda is behind the City's miss-use of M-947 &
That the City's overly strict use of Order M-947 has been contrary to
That the IPC allowed itself to be used by the City as a forum for a
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That in order to help the spread of basis or prejudice against a FOI
That a form of "contentious issues management" is taking place in
The IPC should be shamed to discover the City has cut off a
The spectre of political interference and gain is clearly cast over events. Also, as the IPC was warned of this matter and allowed it to continue without interference. Oct. 7/02, I wrote Ann Cavoukian, the IPC Commissioner and requested her personal intervention "regarding how the City of Mississauga is interrupting order MO-1519." Oct. 11/02, Robert Binstock, the IPC's Registrar, writes back that he will respond to my letter and as no FOI request had been made "there is nothing we can do". This is what the IPC considers to be moral and ethical?
is on the record as stating in Order PO-1997, "It would appear to me that
the Ministry has taken an overly restrictive interpretation of the scope
of the appellant's request. He was clearly interested in obtaining
details regarding the funding of the golf tournament in question, and made
efforts to work with the Ministry to define his request as specifically
as possible in order to reduce time and costs. Not knowing the specific
content of the records, the appellant understandably was handicapped
in his ability to identify the requested information precisely and, in
my view, it appears that the Ministry may have taken advantage of this
situation in defining the scope of the request narrowly. Had there
been any doubt as to whether the
I request that IPC Orders, M-947 & MO-1519 be withdrawn as the wording in them is being used to far exceed the powers that legislation has granted the Act and they be fully reconsideration in light of the effect they have had on the community and Democracy in general. That the wording is easily miss-quoted and individual sentences unclearly, especially true in Order MO-1519.
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I am willing to discuss my
letter with you, in case the wording seems a little
Please find enclosed;
1). A copy of my letter to Ann Cavoukian, IPC Commissioner, dated Oct. 7, 2002.
2). A copy of Robert Binstock's (IPC Registrar), letter dated Oct. 11 2002.
Sincerely, Mr. Donald Barber.
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