Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 69 Where a government institution intends to assert that a jury may be influenced by release of the record or information, it should consider R. v. Corbett, (1988), wherein Justice Dickson said: …the Court should not be heard to call into question the capacity of juries to do the job assigned to them. The ramifications of any such statement would be enormous… (i)t is logically incoherent to hold that juries are incapable of following the explicit instructions of a judge.256 When there is a review by the IPC, the government institution is invited to provide a submission (arguments). The government institution should describe how and why disclosure of the information in question could deprive a person of the right to a fair trial or hearing. A government institution cannot rely on subsection 15(1)(g) 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)(h) Law enforcement and investigations 15(1) A head may refuse to give access to a record, the release of which could: … (h) facilitate the escape from custody of an individual who is under lawful detention; … (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. 256 R. v. Corbett, [1988] 1 SCR 670, 1988 CanLII 80 (SCC) at p. 693. Similar statements were made in Ex parte Telegraph Plc., [1993] 2 All E.R. 971 (C.A.) at p. 978 and Dagenais v. Canadian Broadcasting Corp., [1994] 3 SCR 835, 1994 CanLII 39 (SCC) at p. 322 and R. V. MacDonnell, 1996 CanLII 5560 (NA CA) at p. 3.
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