Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 64 Criminal intelligence is information relating to a person or group of persons compiled by law enforcement to anticipate, prevent or monitor possible criminal activity. Intelligence-gathering is sometimes a separate activity from the conduct of specific investigations. Intelligence may be used for future investigations, for activities aimed at preventing the commission of an offence, or to ensure the security of individuals or organizations.232 b) Investigations, inspections or proceedings conducted under the authority of or for the purpose of enforcing an enactment which lead to, or could lead to a penalty or sanction being imposed under the enactment. Investigation has been defined, in general, as a systematic process of examination, inquiry and observations.233 Inspection has been defined, in general, as a careful examination.234 Legal proceeding has been defined, in general, as any proceeding authorized by law and instituted in a court or tribunal to acquire a right or to enforce a remedy.235 Penalty or sanction means a punishment or penalty used to enforce obedience to law.236 It can include a fine, imprisonment, revocation of a license, an order to cease an activity, or expulsion from an educational institution.237 Matter should be given its plain and ordinary meaning. It does not necessarily always have to apply to some specific on-going investigation or proceeding.238 When there is a review by the IPC, the government institution is invited to provide a submission (arguments). The government institution must establish how and why disclosure of the information in question could disclose the identity of a confidential source of information or disclose information furnished by a confidential source. A government institution cannot rely on subsection 15(1)(f) of FOIP for a record that: 232 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at pp. 145 and 151. 233 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 145. 234 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 950. 235 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1458. 236 Dukelow, Daphne A., The Dictionary of Canadian Law, 4th Edition (Toronto: Thomson Reuters Canada Ltd. 2011) at p. 1158. 237 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 145. 238 Evenson v Saskatchewan (Ministry of Justice), 2013 SKQB 296 (CanLII) at [44].
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