May 16, 2021

To: Michael McEvoy
Information & Privacy Commissioner
Province of British Columbia

Re: City of Victoria records, Beacon Hill Trust Supreme Court Case

Dear Sir

I am writing to you in regard to a recent FOI request I made to the City of Victoria in relation to an imminent Supreme Court Case related to the Beacon Hill Park Trust. I believe there has been a serious omission of records and am concerned these records may not be made available for the upcoming court case.

On May 5th I emailed the my letter regarding the Beacon HillPark Trust case as per their public notice on the City of Victoria website. (Attachment 1)

OnMay 8th I filed an FOI with the city requesting all information submitted in relation to the public notice. The City’s Information Access and Privacy Analyst replied two days later advising me they were working on the request. (Attachment 2)

OnMay 13th the City’sInformation Access and Privacy Analyst responded to my request attaching both aWord document and a PDF which contained the information I had requested. Upon reviewing the PDF, I could see that my letter was missing from the response to the FOI request. Through further investigation I confirmed that several other community members letters are also not included in the response to the FOI request. (Attachments 3, 4, & 5)

After reviewing the PDF a second time, I identified a significant gap in information.Note the first and second letters on page one and 2 of the PDF are dated May 7,2021. The email that follows on page 3 is dated April 15 followed by emails dating up to April 25th. Letters/emails from April 26 to May 6 and possibly others are missing. 

I respectfully request the Office of the Information and Privacy Commissioner BC investigate what has happened to the missing documents. I apologize for the urgency, however as stated above, the Supreme Court case is imminent and will significantly impact the City of Victoria.

Please feel free to contact me should you require further information. I can be reached at ….


Susan Simmons

Attachments 5: redacted records 

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