Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 48 Subsection 15(1)(a.1) Law enforcement and investigations 15(1) A head may refuse to give access to a record, the release of which could: … (a.1) prejudice, interfere with or adversely affect the detection, investigation or prevention of an act or omission that might constitute a terrorist activity as defined in the Criminal Code; … (2) Subsection (1) does not apply to 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. Subsection 15(1)(a.1) of FOIP is a discretionary harm-based exemption. It permits refusal of access in situations where release of a record could prejudice, interfere with, or adversely affect the detection, investigation or prevention of an act or omission that might constitute a terrorist activity. Section 15 of FOIP uses the word could versus “could reasonably be expected to” as seen in other provisions of FOIP. The threshold for could is somewhat lower than a reasonable expectation. The requirement for could is simply that the release of the information could have the specified result. There would still have to be a basis for asserting the harm could occur. If it is fanciful or exceedingly remote, the exemption should not be invoked.170 For this provision to apply there must be objective grounds for believing that disclosing the information could result in the harm alleged. Prejudice in this context refers to detriment to the detection, investigation or prevention of an act or omission that might constitute a terrorist activity.171 Interfere with includes hindering or hampering the detection, investigation or prevention of an act or omission that might constitute a terrorist activity.172 170 SK OIPC Review Reports LA-2007-001 at [117], LA-2013-001 at [35], F-2014-001 at [149]. 171 Adapted from Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 149. 172 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 152.
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