Guide to FOIP-Chapter 4

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 108 • The consideration and discussions of the reasons for and against a measure by a number of councillors.399 A deliberation can occur when there is a discussion or consideration of the reasons for or against an action.400 It can refer to discussions conducted with a view towards making a decision.401 Deliberations can include outcomes or decisions of Cabinet’s deliberative process, topics of deliberation, and priorities identified by the Premier, even if they do not ultimately result in government action.402 A decision is a determination after consideration of the facts.403 In Supreme Court of Canada decision, Ontario (Attorney Genera) v. Ontario (Information and Privacy Commissioner), 2024 SCC 4, the court explained the deliberative process and that it isn’t always conducted at a boardroom table behind closed doors and this must be taken into consideration: [46] To begin, Cabinet’s deliberative process consists of discussion, consultation, and policy formulation between the Premier, individual ministers, and Cabinet as a whole — informed by the advice of civil servants every step along the way. The first minister, as head of Cabinet, enjoys extensive powers within Cabinet’s deliberative process by convention. In many regards, the role and activities of the Premier are inseparable from Cabinet and its deliberations. First ministers preside over Cabinet, set Cabinet agendas, determine Cabinet’s membership and its internal structure (e.g., the number, nature, and membership of Cabinet committees), set Cabinet procedures, and have the right to identify the consensus and determine what Cabinet has decided (Hogg and Wright, at §§ 9:5-9:6). 399 Canada (Information Commissioner) v. Toronto Port Authority, 2016 FC 683 (CanLII) at [85]. The Federal Court of Canada relied on the definitions found in the Treasury Board Secretariat’s Access to Information Manual which were based on the ordinary meaning of these words. The manual can be found at Definition consistent with The Shorter Oxford English Dictionary on Historical Principles, Oxford University Press 1973, Volume 1 at p. 409. Similar definition used in R. v. McDonald, 2003 NSPC 34 (CanLII) at p. 3 and Canada (Information Commissioner) v. Canada (Minister of the Environment), [2007] 3 FCR 125, 2006 FC 1235 (CanLII) at [65] and [66]. 400 AB IPC Order 96-006 at p. 10. Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 180. Adopted in SK OIPC Review Report F-2004-001 at [12]. 401 Originated from ON IPC Order M-184 at p. 3. Adopted in SK OIPC Review Report 187-2015 at [19]. 402 Ontario (Attorney Genera) v. Ontario (Information and Privacy Commissioner), 2024 SCC 4 at [62]. 403 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 511.