Guide to FOIP-Chapter 4

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 65 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: 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)). Subsection 15(1)(g) Law enforcement and investigations 15(1) A head may refuse to give access to a record, the release of which could: … (g) deprive a person of a fair trial or impartial adjudication; … (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. Applicants have a general right to access information pursuant to section 5 of FOIP. However, other rights and freedoms must be upheld notwithstanding the right of access. The Canadian Bill of Rights sets out a number of rights and freedoms. Although only a federal statute, it is helpful in understanding the origins of these rights and freedoms. Subsection 2(e) and (f) of the Canadian Bill of Rights provides that: 238 Evenson v Saskatchewan (Ministry of Justice), 2013 SKQB 296 (CanLII) at [44].

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