the request for review - Commission d`accès à l`information

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RICHARD ANTHONY BREAKENRIDGE,
applicant,
v.
RÉGIE DE L'ASSURANCE-MALADIE DU
QUÉBEC,
respondent.
THE REQUEST FOR REVIEW
Mr. Richard Anthony Breakenridge requested from the Régie de
l'assurance-maladie du Québec (the "Régie") in a letter dated October 9, 2001 and
received by the public body on October 12, 2001:
All records the Regie de l’assurance maladie du Québec
have concerning me […] held under Régie de l’assurance
no. […]. My S.I.N no. […].
Considering that he had not received a reply, the applicant requested on
November 27, 2001 that the Commission d’accès à l'information (the "Commission")
review this lack of response.
THE RESPONSE OF THE RÉGIE
At the request of the Commission, the Régie clarified the reasons for its
silence in this file. Because Mr. Breakenridge made a similar request for his files on
August 20, 2001 and again on October 9, 2001 and because the answer to the first
request was sent out on September 28, 2001 a few days before the second request
for access arrived at the Régie, employees of the public body considered that the
answer to the second request had already been given.
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However, in conformity with the law, the Régie forwarded to the
Commission copies of the documents, which it explained the applicant was entitled
to.
THE DECISION
The letter from the Régie, signed by the person responsible for the
application of the law and who is also a lawyer, explains the circumstances leading
to the absence of reply to a virtually identical request for information by the
applicant within a very short time period.
The response to quasi-identical requests must be the same. Therefore,
the Commission's continued intervention would serve no purpose.
CONSEQUENTLY, THE COMMISSION:
DISMISSES the application and CLOSES the file.
JENNIFER STODDART
Commissioner
Montreal, October 29, 2002
Me André-Gaétan Corneau
Attorney for Respondent