Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 39 Section 14: Information Injurious to Intergovernmental Relations or National Defence Information injurious to intergovernmental relations or national defence 14 A head may refuse to give access to a record, the release of which could reasonably be expected to prejudice, interfere with or adversely affect: (a) relations between the Government of Saskatchewan and another government; or (b) the defence or security of Canada or of any foreign state allied or associated with Canada. Section 14 of FOIP is a harm-based discretionary provision. For this provision to apply there must be objective grounds for believing that disclosing the information could result in the harm alleged. Injurious means harmful; tending to injure.134 Subsection 14(a) Information injurious to intergovernmental relations or national defence 14 A head may refuse to give access to a record, the release of which could reasonably be expected to prejudice, interfere with or adversely affect: (a) relations between the Government of Saskatchewan and another government; Subsection 14(a) of FOIP is a discretionary harm-based exemption. It permits refusal of access in situations where the release of a record could reasonably be expected to prejudice, interfere with or adversely affect relations between the Government of Saskatchewan and another government. Prejudice in this context refers to detriment to intergovernmental relations.135 To interfere with means to obstruct or make much more difficult.136 134 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 938. 135 Adapted from Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 149. 136 Adapted from Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 192.
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