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The Ministry argued that the Registry was immune from this inquiry for three main reasons: This argument centered on whether Christopher’s Law excluded the Registry from the application of the FIPPA’s provisions.

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.There was no reasonable way in which the information being requested could lead to an identification of a potential sex offender. Conclusion This case provides clarity in two key ways.First, it shows that the confidentiality provisions in is the same as the equivalent test under the federal freedom of information statute.The SCC determined that [t]o the extent that the Ministry [was] also arguing that the Commissioner erred by focusing only on whether the disclosure could reveal the sex offender’s personal identity, as opposed to also revealing his or her physical location, we are of the view that no such distinction can logically be sustained: locating a sex offender’s residence is intimately related to the sex offender being identifiable (para 42).On this point, “the Commissioner held that the Ministry must provide ‘detailed and convincing’ evidence to establish a ‘reasonable expectation of harm’ [in order to engage s. [E]vidence amounting to speculation of possible harm would not be sufficient” (para 48).

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Level III (High Risk) offenders and homeless offenders are contacted at least every 30 days to verify their status and, upon initial registration or the assignment of a risk level, a public notification is held as appropriate.