Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 66 independent and impartial tribunal, or of the right to reasonable bail without just cause.239 The Canadian Charter of Rights and Freedoms also recognizes these rights and freedoms at section 7 and subsection 11(d). As part of the Constitution, it is the supreme law of Canada and applies to both federal and provincial acts of government.240 Subsection 15(1)(g) of FOIP is a discretionary harm-based exemption. It permits refusal of access in situations where release of a record could deprive a person of a fair trial or impartial adjudication.241 The following three-part test can be applied: 1. Who is the “person” impacted by possible disclosure? Person includes an individual, corporation or the heirs, executors, administrators or other legal representatives of a person.242 2. Is there a trial or adjudication occurring now or in the future? Trial means a formal judicial examination of evidence and determination of legal claims in an adversary proceeding.243 Adjudication means the legal process of resolving a dispute, the process of judicially deciding a case.244 This exemption applies not only to civil and criminal court actions but also to proceedings before tribunals established to adjudicate individual and collective rights. Examples of proceedings before tribunals include hearings before the Labour Relations Board, and Automobile Injury Appeal Commission.245 Commencement of a legal action is not by itself enough to support the application of this exemption.246 239 See Duke v. The Queen, [1972] SCR 917 CanLII 16 (SCC) at p. 921. 240 Correctional Service of Canada, Canadian Bill of Rights 1960, at https://www.cscscc.gc.ca/text/pblct/rht-drt/03-eng.shtml, accessed June 20, 2019. 241 British Columbia and Ontario have similar provisions in their FOIP legislation. 242 The Legislation Act, S.S. 2019, Chapter L-10.2 at ss. 2-29. 243 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1812. 244 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 52. 245 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 153. 246 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 153.
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