Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 258 higher and use the “could reasonably be expected” threshold. No other jurisdiction in Canada has the same lower threshold as Saskatchewan’s section 21. The following test can be applied: Could disclosure of the record threaten the safety or the physical or mental health of an individual? For section 21 of FOIP, the question that must be answered is could disclosure of the record threaten the safety or the physical or mental health of an individual? The threshold for “could” is somewhat lower than a reasonable expectation but well beyond or considerably above mere speculation. On the continuum, speculation is at one end and certainty is at the other. The threshold for “could” therefore, is that which is possible. Speculative means engaged in, expressing or based on conjecture rather than knowledge. Conjecture is an opinion or conclusion based on incomplete information.868 Speculation generally has no objective basis. If the harm is fanciful or exceedingly remote, it is in the realm of speculation or conjecture. Possible means capable of existing, happening, or being achieved; that which is not certain or probable.869 Probable means likely to happen or be the case.870 If it is fanciful or exceedingly remote, the exemption should not be invoked.871 For this provision to apply there must be objective grounds for believing that disclosing the information could result in the harm alleged. Generally, this means the government institution must assess the risk and determine whether there are reasonable grounds for concluding there is a danger to the health or safety of any person. The assessment must be specific to the circumstances under consideration. Inconvenience, upset or the unpleasantness of dealing with difficult or unreasonable people is not sufficient to trigger the exemption. The threshold cannot be achieved based on unfounded, unsubstantiated allegations.872 868 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at pp. 1379 and 301. 869 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1117. 870 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1139. 871 SK OIPC Review Reports LA-2007-001 at [117], LA-2013-001 at [35], F-2014-001 at [149]. 872 SK OIPC Review Reports H-2007-001 at [29] and LA-2012-002 at [45] and [102].
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