Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 69 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. Subsection 15(1)(h) of FOIP is a discretionary harm-based exemption. It permits refusal of access in situations where release of a record could facilitate the escape from custody of an individual who is under lawful detention.257 257 Alberta’s FOIP Act has a similarly worded provision (subsection 20(1)(j)), however, it uses the phrase “could reasonably be expected to” which is a higher threshold than Saskatchewan’s subsection 15(1)(h).
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