20 December 2010 Mr. Andre Murray 31 Marshall Street Fredericton, NB E3A 4J8 Mr.

Murray, Re: Complaint and Review Processes under the Act

This e-mail is in response to your telephone call to our Office of December 16, 2010, in which you enquired about the differences between the complaint process with the Access to Information and Privacy Commissioner and the review process with the Court of Queens Bench under the Right to Information and Protection of Privacy Act (the Act). We would like to provide you with the following information. The complaint process is set out in Part 5 of the Act. After you file a request for access and you are dissatisfied with a response you receive from a public body, such as in your case the New Brunswick Police Commission, you have the right to: a) file a complaint with this Office under subsection 67(1); or, b) refer the matter to the Court of Queens Bench for review under subsection 65(1). If you file a complaint with our Office, the Commissioner first will review the complaint to determine whether to act or not on the complaint itself. Where the Commissioner decides to act on a complaint, steps are undertaken to resolve the matter informally, where appropriate. In the event that we are unable to resolve the matter informally within forty-five (45) days, the Commissioner would then proceed with a formal investigation process, if necessary. If such an investigation is undertaken, the Commissioner will issue a report of her findings and recommendations, if any. If you wish to obtain information about the review process with the Court of Queens Bench, we would invite you to contact the Court directly at the following contact information:

Justice Building 427 Queen Street P.O. Box 6000 Fredericton, NB E3B 1B7 General Information: 506.453.2015 Fax: 506.444.5675

In the case where you are dissatisfied with the response you received from the New Brunswick Police Commission, you have the right to file a complaint with our Office.

You would be required to complete and submit the attached Form 2. You must also include a copy of your request to the New Brunswick Police Commission along with the New Brunswick Police Commissions response with the completed Form 2, to enable us to begin processing your complaint. If you wish to proceed before the Court of Queens Bench, please refer to the enclosed Form 1, and file with the Clerks Office. You could also consult a lawyer. We trust this information is useful. Yours truly,

Anne E. Bertrand, Q.C. Commissioner /nek Attachments: Form 1 Referral to Court of Queens Bench Form 2 Complaint to the Commissioner

Office of the Access to Information and Privacy Commissioner / Commissariat l'accs l'information et la protection de la vie prive PO Box/Bote postale 6000 Fredericton, NB E3B 5H1 Telephone/Tlphone: 506.453.5965 Toll Free/Sans frais: 1.877.755.2811 Facsimile/Tlcopieur: 506.453.5963 This e-mail communication (including any or all attachments) is intended only for the use of the person or entity to which it is addressed and may contain confidential and/or privileged material. If you are not the intended recipient of this e-mail, any use, review, retransmission, distribution, dissemination, copying, printing, or other use of, or taking of any action in reliance upon this e-mail, is strictly prohibited. If you have received this email in error, please contact the sender and delete the original and any copy of this e-mail and any printout thereof, immediately. Your co-operation is appreciated. Le prsent courriel (y compris toute pice jointe) s'adresse uniquement son destinataire, qu'il soit une personne ou un organisme, et pourrait comporter des renseignements privilgis ou confidentiels. Si vous n'tes pas le destinataire du courriel, il est interdit d'utiliser, de revoir, de retransmettre, de distribuer, de dissminer, de copier ou d'imprimer ce courriel, d'agir en vous y fiant ou de vous en servir de toute autre faon. Si vous avez reu le prsent courriel par erreur, prire de communiquer avec l'expditeur et

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