The Calgary Police Service (CPS) withheld information when it said a naked biological male did not walk around the women’s change room at the Canyon Meadows Pool (CMP), according to a ruling from the Office of the Information and Privacy Commissioner (OIPC).

The Western Standard had filed a Freedom of Information (FOI) request to obtain records from CPS about the naked male in the women’s change room. However, CPS blocked the request, saying it could violate Section 20(1)(f) of the Freedom of Information and Protection of Privacy Act (FIPPA) by disclosing information that could interfere with or harm a police investigation.

“In my discussion with the Public Body, they substantiated their reasons for applying FOIP Section 20(1)(f), explaining that at the time the access request was made, at the time the request for review was submitted to the OIPC, and currently, the investigation remains unsolved,” said OIPC Senior Information and Privacy Manager, Case Resolution Cheryl MacDonald in a ruling.

“They further explained that while this investigation is unsolved, it does not mean that the investigation is closed.”

A Calgary parent expressed outrage in 2023 over a naked biological male found in the female change room at CMP.

“I was waiting with my son outside in the lobby for my daughter when a parent came out to let me know that a transgender woman was changing in the women’s change room while my daughter and some other girls were changing after swimming lessons,” said the parent.

The parent said he went into the change room to inspect and found the transgender woman naked finishing up with the washroom.

CPS said in 2023 it had investigated allegations of indecent exposure inside the female change room at CMP and determined they were unfounded.

“This incident did not take place as initially reported on social media,” it said.

“There was no act of indecent exposure.”

In order for there to be a contravention of Section 10(1)(a) of FIPPA, MacDonald said a public body must not have made a reasonable effort to search for the information and did not respond in a timely fashion. In all practical sense, she said the CPS satisfies these components by responding in a timely manner and acknowledging the records exist.

In MacDonald’s discussion with the CPS, it confirmed records exist, but they were being withheld under Section 20(1)(f). She said to conduct a review on the adequacy of their search would be ineffective because the records would be withheld and would satisfy the requirements over it being in compliance with Section 10(1)(a).

Given CPS has confirmed the matter is unsolved and the investigation remains open, she said she is “satisfied that the public body satisfactorily demonstrated that they properly exercised their discretion in withholding the records under Section 20(1)(f).”

MacDonald concluded by saying her review was done.

“It is my opinion that to continue with this review on either of these sections would be prove to be ineffective as I am satisfied that the Public Body was in compliance of FOIP in regards to Section 10(1)(a) and the Public Body properly exercised their discretion under Section 20(1)(f),” she said.

CPS confirmed investigate activity on the file had ceased, but it was open to reexamining it.

“The initial allegations were deemed unfounded after the person who was alleged to have been involved was spoken to by investigators and determined not to have been involved in any offence as initially reported,” it said.

“As is the case in any investigation, should new information come to light, we would look into it.”

CPS declined to provide internal documents to the Western Standard about the naked biological male walking around in the women’s change room at CMP in 2023.

“Access to all the information that you requested is denied under Section 20(1)(f) of the Act,” said CPS senior disclosure analyst Sabrina Attwood.

Section 20(1)(f) of FIPPA states the head of a public body “may refuse to disclose information to an applicant if the disclosure could reasonably be expected to interfere with or harm an ongoing or unsolved law enforcement investigation, including a police investigation.”

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