Q: I am seeking information on the death of a person that occurred in
1932. He died with no known family. I have obtained a copy of the death
certificate. However, I would like to know more. What was the cause of
death? Can I obtain a copy of the police report? Is this information
available to the public?
A: You had best be prepared for some lengthy dealings with government
bureaucracy, a lot of investigative reporting and accept that even
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after that, you may not obtain the information you seek. As you wrote
from Saskatchewan, I shall focus on law there, although the rules are
similar in most provinces.
Records of all deaths are kept by the vital statistics branch of
Saskatchewan Health. All deaths must be reported to the branch, along
with the required medical certificate from the attending doctor or a
coroner specifying the cause of death. However, access to deaths,
births and marriages is restricted and old vital statistics records
never become public. Except for exceptional circumstances such as court
proceedings or for health reasons, there is no right to see the full
record.
You could seek the information under the Freedom of Information Act.
However, that act says information cannot be released if another law,
such as the Vital Statistics Act, says it is confidential.
Section 30 of the Freedom of Information Act provides that “Subject to
… any other act, the personal information of a deceased individual
shall not be disclosed until 25 years after the death of the
individual.” If you requested information from vital statistics and are
refused you can appeal to the information and privacy commissioner,
700-1914 Hamilton St., Regina, S4P 3N6, 306-787-8350.
If the request is denied at that level, the matter can be appealed to
court.
What about police reports? In Saskatchewan, police files dealing with
serious crimes including sexual assault, death by criminal negligence,
murder and manslaughter must be kept for at least 10 years after the
conclusion of the case. If the case is not solved, the file must be
kept indefinitely. The RCMP is not subject to provincial rules and has
its own policies
on file retention.
However, the RCMP is subject to the federal Access to Information Act
and under that act access to files with information on “the enforcement
of any law” can be denied. Access rules are more liberal in cases more
than 20 years old. If the case is still unresolved, access might be
denied. If the RCMP was acting under contract for a municipality or
province, as is the case on the Prairies, it would also have to consent
to release of information.
Requests can be directed in writing to the Infor-mation Access
Director, RCMP HQ, 1200 Vanier Parkway, Ottawa, along with a $5 fee
payable to the Receiver General of Canada. If information is refused,
an appeal can be made to the Information Commissioner of Canada, Place
de Ville, Tower B; 112 Kent St., 22nd Floor, Ottawa K1A 1H3,
800-267-0441. If an application is refused by the commissioner, the
matter can be appealed to Federal Court.
With the exception of cases involving juveniles, adoptions and certain
family matters, court records are public. Check at the closest
courthouse. Court files older than 25 years old may have been moved to
the Provincial Archives, which are open to the public. You will need
the name of the parties or the accused, the approximate year of the
trial and, if you’re looking at the archives, the location of the trial.
Also consider other sources such as newspaper accounts in your local
library or at the archives. In my experience, I have found archivists
most helpful with historical research.
Don Purich is a former practising lawyer who is now involved in
publishing, teaching and writing about legal issues. His columns are
intended as general advice only. Individuals are encouraged to seek
other opinions and/or personal counsel when dealing with legal matters.
