In response to the appellant's access to information request under Ontario Freedom of Information and Protection of Privacy Act ("FIPPA"), the Ministry refused to disclose various internal drafts of a policy options paper, on the basis that they contained "advice or recommendations" of public servants, which the Minister could therefore withhold under s. 13(1) of FIPPA. The Adjudicator found that the "advice or recommendations" exception did not apply, as "the information in the record must suggest a course of action that will ultimately be accepted or rejected by the person being advised."
Rothstein J stated (at para. 24):
[T]he Adjudicator left no room for "advice" to have a distinct meaning from "recommendation". A recommendation, whether express or inferable, is still a recommendation. "Advice" must have a distinct meaning. ... Otherwise, it would be redundant.
He found that, on a purposive reading, "advice" should be construed broadly. See summary under Access to Information Act, s. 21.