Re: Freedom of Information Request Our File No

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1 40 Dundas Street West, Suite 200, Toronto ON M5G 2H1 40, rue Dundas Ouest, bureau 200, Toronto ON M5G 2H1 Toll free / Sans frais : Phone / Téléphone : Fax / Télécopieur : May 1, Dear Re: Freedom of Information Request Our File No We are in receipt of your letter of March 20, 2014, providing clarification of some of the issues raised in your request letter of January 15, No. 15: The terms of reference or mandate of the Lawyer Services Division. You clarified that this request is referring to Legal Services Development. There are no records that set out the terms of reference or mandate of Legal Services Development. Enclosed is a posting for the position of Manager, Legal Services Development, which describes the main duties of that position. No. 5: The nature and quantum of the funding and funding source for: a. Major Case Management Office (MCMO) b. Big Case Management Unit (CMU) c. Protocol Cases Unit (PCU) d. And the Case Management Litigation Office (CMLO) You indicated that the Annual Report is not available on the website and have asked to have a copy sent. The Annual Report has not yet been presented to the Legislature and therefore cannot be distributed publicly until that has been done. Legal Aid Ontario does not have any control over when the Annual Report will be tabled before the Legislative Assembly (see s.72(3), Legal Aid Services Act). LAO is relying on the exemption set out in s.12(1)(e) [a record prepared to brief a Minister of the Crown in relation to matters that are before or are proposed to be brought before the Executive Council or its committees] of the Freedom of

2 PAGE 2 Information and Protection of Privacy Act to refuse disclosure of this record. Once the report has been tabled, it will be posted to LAO s external website. No. 12: The mandate of services to be provided by and actual services provided by the Integrated Legal Services Clinic in and its staff lawyer staffed counterpart in and anywhere else similar offices have been set up. You indicated that the information sent with respect to the Integrated Legal Services Clinic in only referred to its mandate and did not provide information about the actual services provided. The following is a description of the services that will be provided by the ILSO Pilot Project: LAO will be implementing a Pilot Project with the District Office to offer legal services through the Integrated Legal Services Office in (ILSO) which will commence xxxxxxxxxxxxxxxxxx to provide representation for clients in the City of with CAS matters specifically for: Supervision orders and Voluntary Care Agreements only. This letter will address the remaining issues not covered by the decision letter, dated February 28, No. 3: Terms of reference for external consultants whose services have been retained to review internal departments of LAO and the cost of these services. Please find enclosed the following records that are responsive to your request: 2009: and LAO Contract for AR Review Contract Financial Reassessment Best Practices, : Contract, Contract, Financial Reassessment Best Practices, : Complaints & Investigation Contract Complaints Program Evaluation, Contract PCM&Special Projects, HR Contract LSP Contract Analysis & Process Redesign of Lawyer Payments

3 PAGE : Contract LAO Contribution Agreement Operational Review, : Review of RLO, Brydges Evaluation Information Technology HR & Payroll Workflow Analysis There are also reviews for which the contract is not on file, set out below: Two reviews (1) Audit on portal system; (2) Duty counsel value for money site Two projects (1) IT strategy; (2) Scope of service for a complete review of IT infrastructure and recommendation to close gaps identified Review the CSC process Please note that pricing information has been redacted from the contracts in order to protect the privacy and economic interests of the third parties, although the total cost of each project is disclosed. The signatures have also been redacted, although the names of the signing parties are retained. No. 10: Total cost of legal staff at LAO including duty counsel and other staff lawyers over the past five years including total budgeted cost for the global cost of service to be provided by these lawyers (should include, without limiting the generality of the foregoing, a breakdown of the salaries and expenses and all other anticipated cost of providing the service through the staff / duty counsel mechanism) going forward. Please find enclosed a spreadsheet that sets out the direct costs of staff services. There are no records that break the cost down as requested. No. 11: Number of duty counsel employed by LAO in 2008, 2009, 2010, 2011, 2012, 2013, and the budget specifically for duty counsel set for 2014 including how many positions are funded going forward annually. This information is contained in the above spreadsheet. No. 20: The number of staff now employed at LAO in policy positions compared with 5 years ago and the annual increases in numbers and associated global cost of these positions. Please find enclosed a spreadsheet that sets out the number of policy lawyer positions for the past five years and the total salaries. There are no records that indicate global costs of these positions other than salaries.

4 PAGE 4 No. 4: Reports in relation to policy, business management or risk management, in the versions as authored / drafted / submitted at each of the following levels: a. From Managers to their Directors, b. By Directors to their Directors General and/or Vice-Presidents, c. From Directors General to their Vice-Presidents, d. From Vice-Presidents to the CEO, e. The final products as approved by the CEO and tendered to the Board of Directors, f. The version of the Report released by the CEO and/or by the Board in each case to external stake-holders or parties and/or to the MAG. You were asked to clarify the above request, as it was too vague other than the risk management reports. Your reply was to ask that the risk management reports are forthcoming. No. 8: Any DRAFTS and final versions of studies, policies, briefing notes or statistical studies of the comparison between the staff model for provision of legal services versus the LAO certificate system. No. 16: DRAFTS of Directors comments on Environmental Scans and Final Versions of Environmental Scans Identifying Impending Issues for Legal Aid. No. 17: DRAFTS of Directors Risk Assessment Charts and Final Versions We have identified records with respect to Items 4, 8, 16 and 17. I have concluded that this information is subject to section 90 of the Legal Aid Services Act (LASA) and is not subject to disclosure under the Freedom of Information and Protection of Privacy Act (FIPPA), for that reason. Section 90 provides as follows: 90.(1) A member of the board of directors, an officer or employee of the Corporation, an area director, a member of an area committee, a lawyer, a service-provider or a member, officer, director or employee of a clinic, student legal aid services society or other entity funded by the Corporation shall not disclose or permit to be disclosed any information or material furnished to or received by him or her in the course of his or her duties or in the provision of legal aid services. (2) A person referred to in subsection (1) may disclose information or allow it to be disclosed in the performance of his or her duties or in

5 PAGE 5 the provision of legal aid services or with the consent of the applicant or if authorized by the Corporation. The Information and Privacy Commissioner has stated in Order PO-2994 that section 90(1) of LASA is intentionally broad and is meant to capture all types and forms of information and materials, including records that originated with or were exchanged within LAO. The records that you seek fall within this definition because they contain information that was furnished to or received by any of the enumerated persons in the course of his or her duties or in the provision of legal aid services. Please be aware that it is the position of Legal Aid Ontario that s. 90 of the Legal Aid Services Act, by legislation, prevails over the Freedom of Information and Protection of Privacy Act: see s.103 of the Legal Aid Services Act and s. 67(2) of the Freedom of Information and Protection of Privacy Act. Further, exemptions may be claimed pursuant to FIPPA were section 90 not to apply in this case. I trust this information is of assistance to you. I am responsible for this decision. You may ask for a review of this decision within 30 days of receiving this letter by writing to: The Information and Privacy Commission/Ontario, 2 Bloor Street West, Suite 1400, Toronto Ontario M4W 1A8, Telephone If you decide to request a review of this decision, please provide the Commissioner s office with the following: the file number listed at the beginning of this letter; a copy of this decision letter; and a copy of the original request for information you sent to our institution. In addition, you must send an appeal fee to the Commissioner s office. The appeal fee for personal information is $10.00 and the appeal fee for general records is $ Yours truly, Robert W. Ward President/CEO Encl.