Privacy watchdog orders OLG to release details of insider win probe

The Ontario Lottery and Gaming Corp. has been ordered to release documents about its probe into a $21.5-million "insider win" in a ruling being called a victory for freedom of information.

Ontario's information and privacy commissioner ruled Friday that the OLG has a month to release results of its investigation into the Lotto 6/49 win by a Cambridge convenience store owner in July 2006. An "insider win" is a lottery win by a store clerk, owner or lottery employee.

'This ruling comes down on the side of public interest.' —Harvey Cashore, senior editor, The Fifth Estate

CBC's The Fifth Estate had prompted the ruling because it had appealed a decision by the OLG to refuse to release documents about its "insider win" investigation into the case.

Brian Beamish, Ontario's assistant information and privacy commissioner, said in the 51-page ruling that he agreed with the position taken by CBC that "the public interest is served by bringing greater scrutiny to the process."

Beamish said only a "small amount" of information in the records should be withheld, and not the entire report as the OLG had wanted. Beamish agreed with CBC on nearly every point it made in its case.

Ruling may lead to release of other insider-win info

Harvey Cashore, senior editor at CBC News' The Fifth Estate, said Monday that the ruling is good news.

Cashore said it is a significant victory for the public to know about the checks and balances set up by the OLG to ensure integrity of its lottery system. When an "insider" wins a lottery, the OLG conducts an investigation to determine whether it is legitimate.

The ruling may also pave the way for the release of documents in several other insider wins, he said.

"This ruling comes down on the side of public interest. We believe that the public has a right to know about insider wins and how this Crown corporation deals with insider wins," Cashore said.

The OLG has been the subject of heavy scrutiny since The Fifth Estate uncovered an insider win scandal more than a year ago in which lottery retailers were caught defrauding people of their winning tickets.

"When we first began this research, we were struck by the secrecy and lack of information that the OLG seemed to want to share with us. Remember, this is a public corporation owned by taxpayers of Ontario."

Other cases pending

Cashore said the OLG has received numerous requests for documents relating to its investigations into insider wins, but the ruling marks the first time it has been ordered to release documents.

He said The Fifth Estate has obtained similar documents but only through court records and confidential sources. Other cases launched by The Fifth Estate are pending.
 
"While this ruling relates to a specific win, the principles adjudicated on Friday will no doubt have a beneficial impact on the public right to know about these cases. This is a test case," he said.

The case involves Cambridge convenience store owner Eun Chul Shin. It came to light in August 2006 after his former partner, Young Hee Cho, filed a lawsuit alleging he dumped her after the two won the $21.5 million.

Cho claimed that the two often played Lotto 6/49 together, but one of their tickets won, he ended the relationship and refused to give her any of the winnings. She said at the time that she was suing for her share of the win.