Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 66 2. Every law of Canada shall, unless it is expressly declared by an Act of the Parliament of Canada that it shall operate notwithstanding the Canadian Bill of Rights, be so construed and applied as not to abrogate, abridge or infringe or to authorize the abrogation, abridgment or infringement of any of the rights or freedoms herein recognized and declared, and in particular, no law of Canada shall be construed or applied so as to … e) deprive a person of the right to a fair hearing in accordance with the principles of fundamental justice for the determination of rights and obligations; f) deprive a person charged with a criminal offence of the right to be presumed innocent until proven guilty according to law in a fair and public hearing by an 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.243 239 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.
RkJQdWJsaXNoZXIy MTgwMjYzOA==