Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 2, Administration of FOIP. Updated 7 March 2023. 37 • Battleford • Estevan • La Ronge • Meadow Lake • Melfort • Moose Jaw • Prince Albert • Regina • Saskatoon • Swift Current • Weyburn • Yorkton Section 58: Powers of Court on Appeal Powers of court on appeal 58(1) On an appeal, the court: (a) shall determine the matter de novo; and (b) may examine any record in camera in order to determine on the merits whether the information in the record may be withheld pursuant to this Act. (2) Notwithstanding any other Act or any privilege that is available at law, the court may, on an appeal, examine any record in the possession or under the control of a government institution, and no information shall be withheld from the court on any grounds. (3) The court shall take every reasonable precaution, including, where appropriate, receiving representations ex parte and conducting hearings in camera, to avoid disclosure by the court or any person of: (a) any information or other material if the nature of the information or material could justify a refusal by a head to give access to a record or part of a record; or (b) any information as to whether a record exists if the head, in refusing to give access, does not indicate whether the record exists. (4) The court may disclose to the Attorney General for Saskatchewan or the Attorney General of Canada information that relates to the commission of an offence against: (a) an Act or a regulation; or (b) an Act of the Parliament of Canada or a regulation made pursuant to an Act of the Parliament of Canada;
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