Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 145 nature of the issue and “inherent probabilities or improbabilities or the seriousness of the allegations or consequences” … Drafts and redrafts of positions, plans, procedures, criteria, instructions or considerations may be protected by the exemption. A public servant may engage in writing any number of drafts before communicating part or all their content to another person. The nature of the deliberative process is to draft and redraft until the writer is sufficiently satisfied that they are prepared to communicate the results to someone else. All the information in those earlier drafts informs the result even if the content of any one draft is not included in the final version.544 b. By or on behalf of the Government of Saskatchewan or a government institution The negotiations must be conducted by the government or on behalf of the government. On behalf of means “for the benefit of”.545 A person does something “on behalf of” another, when he or she does the thing in the interest of, or as a representative of, the other person.546 2. Or does the record contain considerations that relate to those negotiations? Subsection 17(1)(c) of FOIP extends its protection beyond the positions, plans, procedures, criteria or instructions to considerations that relate to the negotiations. A consideration is a careful thought; a fact taken into account when making a decision.547 Thus, a record identifying the facts and circumstances connected to positions, plans, procedures, criteria or instructions could also fall within the scope of this provision.548 Relate to should be given a plain but expansive meaning.549 The phrase should be read in its grammatical and ordinary sense. There is no need to incorporate complex requirements (such as “substantial connection”) for its application, which would be inconsistent with the plain 544 John Doe v. Ontario (Finance), [2014] 2 SCR 3, 2014 SCC 36 (CanLII) at [48] to [51]. 545 Encon Group Inc. v. Capo Construction Inc., 2015 BCSC 786 (CanLII) at [34]. 546 Conibear v. Dahling, 2010 BCSC 985 (CanLII) at [34]. 547 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 304. Same definition used by Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.18.5. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-informationprivacy/access-information/access-information-manual.html#cha11_18. Accessed July 10, 2019. 548 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.18.5. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_18. Accessed July 10, 2019. 549 Gertner v. Lawyers’ Professional Indemnity Company, 2011 ONSC 6121 (CanLII) at [32].
RkJQdWJsaXNoZXIy MTgwMjYzOA==