Investigation Report: FIPPA Refused Access – Winnipeg Regional Health Authority

2018-11-01

Summary

Provisions considered: 17(1), 17(2)(a), 23(1)(a)(b)(f), 24(a), 27(1)(a). 

An individual requested that the Winnipeg Regional Health Authority provide information related to the coordination or transfer of care of individuals who request medical assistance in dying (MAID) while in a hospital that does not allow medical assistance in dying on its premises. The WRHA provided access in part, and its refusal was based on several clauses of FIPPA (disclosure deemed an unreasonable invasion of a third party’s privacy; advice to a public body; disclosure harmful to individual or public safety; solicitor-client privilege). Most of the contents of email correspondence relating to the process for the provision of MAID in objecting facilities was severed, however the dates of the correspondence were released. Our investigation found that the exceptions did not apply to all of the severed information. Also, it was our view that had the information about the process for the provision of MAID been released (which would inform the public about an issue of public interest without identifying individual patients), this would have been more consistent with the purpose of FIPPA than releasing the dates of emails and little else to the complainant. We observed that the dates of the correspondence naturally organize themselves around the dates when requests for medical assistance in dying were made. This characteristic, in conjunction with publicly available information could potentially allow the identification of individuals who availed themselves of MAID while in an objecting facility. This being the case, we were not able to ask the WRHA to release further information. The complaint was partly supported.

Case 2017-0266