Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 2, Administration of FOIP. Updated 7 March 2023. 39 question of whether the record in issue may be released. The system of the Act offers no room for a direct appeal to the Court of King’s Bench from the decision of a head, i.e., an appeal that circumvents the application to the Commissioner for a review.50 In camera, in this context, means in the judge’s private chambers.51 In general terms, it means in private (not open to the public). For a case involving both the examination of records in camera by the judge and an in camera hearing, see Leo v Global Transportation Hub Authority, 2018 SKKB 323 (CanLII). In order to avoid disclosure of withheld information or the existence of records (i.e., where subsection 7(2)(f) of FOIP has been applied), the court will take every reasonable precaution including, where appropriate, receiving representations ex parte and/or conducting hearings in camera.52 Ex parte, in this context, means receiving representations from one party only, usually without notice to or argument from the adverse party.53 The Information and Privacy Commissioner cannot be a party to an appeal.54 Further, the Commissioner and the staff of the Commissioner are not compellable to give evidence in a court. Where the court finds evidence of an offence by an officer or employee of a government institution under section 68 of FOIP or any Act or regulation provincially or federally, the court may disclose information to the Attorney General for Saskatchewan or the Attorney General of Canada.55 Unlike the review of many other government institution actions that must generally be upheld if supported by evidence and not arbitrary or capricious, the burden rests on the government institution to justify its action. Section 61 of FOIP provides: 50 Leo v Global Transportation Hub Authority, 2020 SKCA 91 (CanLII) at [41] and [47]. 51 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 909. 52 The Freedom of Information and Protection of Privacy Act, SS 1990-91, c F-22.01 at s. 58(3). 53 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 722. 54 The Freedom of Information and Protection of Privacy Act, SS 1990-91, c F-22.01 at s. 57(5). 55 The Freedom of Information and Protection of Privacy Act, SS 1990-91, c F-22.01 at s. 58(4).
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