Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 2, Administration of FOIP. Updated 7 March 2023. 43 The term preponderance of evidence means the same thing as “balance of probabilities.” If the Commissioner reaches a conclusion based on a preponderance of evidence, this means that the Commissioner has considered and weighed the evidence presented by both parties and the Commissioner is convinced by the persuasiveness or accuracy of one party’s evidence over the other party’s evidence. A party to a matter before the Commissioner is only required to prove something on a balance of probabilities when the party has the burden of proof.65 Evidence is the material that parties must submit in reviews/investigations to establish the facts on which they are relying.66 Something (including testimony, documents and tangible objects) that tends to prove or disprove the existence of an alleged fact; anything presented to the senses and offered to prove the existence or nonexistence of a fact.67 Evidence, broadly defined, is the means from which an inference may logically be drawn as to the existence of a fact; that which makes evident or plain. Evidence is the demonstration of a fact; it signifies that which demonstrates, makes clear or ascertains the truth of the very fact or point in issue, either on the one side or on the other. In legal acceptation, the term ‘evidence’ includes all the means by which any alleged matter of fact, the truth of which is submitted to investigation, is established or disproved. ‘Evidence’ has also been defined to mean any species of proof legally presented at the trial of an issue, by the act of the parties and through the medium of witnesses, records, documents, concrete objects and the like.68 Speculation is the practice or an instance of theorizing about matters over which there is no certain knowledge.69 Arguments are the reasons why a party thinks that the evidence shows certain facts to be true, or why the Commissioner should interpret the law in a particular way, so as to make the decision that the party wants the Commissioner to make.70 Parties may not succeed in a review or investigation if they do not provide evidence to support their arguments. If the success of an argument depends on underlying facts, 65 Service Alberta, FOIP Bulletin No. 9, Burden of Proof, November 2009 at p. 2. 66 Office of the Information and Privacy Commissioner of Alberta (AB IPC) Adjudication Practice Note 2, Evidence and Arguments for Inquiries at p. 1. 67 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at pp. 697 to 698. 68 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 698. 69 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1687. 70 AB IPC Adjudication Practice Note 2, Evidence and Arguments for Inquiries at p. 1.
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