Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 47 Security means a state of safety or physical integrity.164 Security includes securing, ensuring safety or protecting from danger, theft or damage.165 Security means sufficient security.166 Lawful detention means any person held in custody pursuant to a valid warrant or other authorized order. It extends to individuals remanded in custody (charged but not yet tried or convicted). It does not include individuals released under bail supervision.167 Centre of lawful detention is a centre where persons are detained when suspected of a crime, awaiting trial, or sentencing, found to be an illegal immigrant or youthful offender, or for political reasons. It can also include a centre where persons are in custody under federal or provincial statute.168 In general, any person held in custody pursuant to a valid warrant or other authorized order is under lawful detention.169 When there is a review by the IPC, the government institution is invited to provide a submission (arguments). The government institution should describe the harm in detail to support the application of the provision. Government institutions should not assume that the harm is self-evident on the face of the records. A government institution cannot rely on subsection 15(1)(a) of FOIP for a record that: a) Provides a general outline of the structure or programs of a law enforcement agency; or b) Reports, by means of statistical analysis or otherwise, on the degree of success achieved in a law enforcement program (see subsection 15(2)). 164 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 155. 165 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 146. 166 The Legislation Act, S.S. 2019, Chapter L-10.2 at ss. 2-29. 167 Government of Newfoundland and Labrador, resource Access to Information: Policy and Procedures Manual, October 2017 at p. 130. 168 Adapted from Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 154. Defines “Persons lawfully detained”. 169 Government of Ontario, Freedom of Information and Protection of Privacy Manual, Chapter 5: Exemptions and Exclusions, Law Enforcement. Available at https://www.ontario.ca/document/freedominformation-and-protection-privacy-manual/chapter-5-exemptions-and-exclusions. Accessed October 8, 2019.
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