Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 130 • Advancing “Organized Pseudolegal Commercial Argument.” Any of these indicia are a basis to classify a legal action as vexatious.220 There is no burden on an applicant to show that the access to information request is for a legitimate purpose. It is not improper to request information from the state for the purpose of seeking civil redress arising from the manner in which the state conducted proceedings against an applicant.221 When considering whether a request was made on grounds that are frivolous or vexatious, the Commissioner is determining whether there is a pattern or type of conduct on the part of the applicant that amounts to an abuse of the right of access or correction. An abuse of the right of access or correction is where an applicant is using the access/correction provisions of FOIP in a way that are contrary to its principles and objects. The following factors should be considered: • Number of requests: is the number excessive. • Nature and scope of the requests: are they excessively broad and varied in scope or unusually detailed. Are they identical to or similar to previous requests. • Purpose of the requests: are the requests intended to accomplish some objective other than to gain access. For example, are they made for “nuisance” value, or is the applicant’s aim to harass the public body or to break or burden the system. • Timing of the requests: is the timing of the requests connected to the occurrence of some other related event, such as a court or tribunal proceeding.222 • Wording of the request: are the requests or subsequent communications in their nature offensive, vulgar, derogatory or contain unfounded allegations. Offensive or intimidating conduct or comments by applicants is unwarranted and harmful. They can also suggest that an applicant’s objectives are not legitimately about access to records. Requiring employees to be subjected to and to respond to offensive, intimidating, threatening, insulting conduct or comments can have a detrimental effect on well-being.223 220 Chutskoff v Bonora, 2014 ABQB 389 (CanLII) at [93]. See also AB IPC Request to Disregard F2019RTD-01 at p. 13. 221 AB IPC Request to Disregard F2019-RTD-01 at p. 13. 222 Four factors adopted from ON IPC Order MO-3108 at [24]. Also in SK OIPC Review Report F-2010002 at [69]. 223 Fifth factor adopted from AB IPC Order F2015-16 at [39] to [54]. Added to criteria in SK OIPC Review Report 053-2015 at [15] and [38] to [41].
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