Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 67 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 3. Could disclosure of the information deprive the person of a fair trial or impartial adjudication? 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.247 For this provision to apply there must be objective grounds for believing that disclosing the information could result in the harm alleged. Deprive means to take away or prevent the happening of a certain event.248 Fair trial refers to a trial by an impartial tribunal in accordance with regular procedures; especially a criminal trial in which the defendant’s constitutional and legal rights are respected.249 It means a hearing by an impartial tribunal; a proceeding which hears before it condemns, which proceeds upon inquiry, and renders judgement only after consideration of evidence and facts as a whole.250 244 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. 247SK OIPC Review Reports LA-2007-001 at [117], LA-2013-001 at [35], F-2014-001 at [149]. 248 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 249 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 743. Similar definition relied on in Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 153. 250 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020.
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