Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 72 aimed at preventing the commission of an offence, or to ensure the security of individuals or organizations.265 b) Investigations, inspections or proceedings conducted under the authority of or for the purpose of enforcing an enactment which lead to or could lead to a penalty or sanction being imposed under the enactment. Investigation has been defined, in general, as a systematic process of examination, inquiry and observations.266 Inspection has been defined, in general, as a careful examination.267 Legal proceeding has been defined, in general, as any proceeding authorized by law and instituted in a court or tribunal to acquire a right or to enforce a remedy.268 Penalty or sanction means a punishment or penalty used to enforce obedience to law.269 It can include a fine, imprisonment, revocation of a license, an order to cease an activity or expulsion from an educational institution.270 Matter should be given its plain and ordinary meaning. It does not necessarily always have to apply to some specific on-going investigation or proceeding.271 Intelligence information is information gathered by a law enforcement agency in a covert manner with respect to ongoing efforts devoted to the detection and prosecution of crime or the prevention of possible violation of law and is distinct from information which is compiled and identifiable as part of the investigation of a specific occurrence.272 2. Could disclosure reveal law enforcement intelligence information? 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 the assertion. If it is fanciful 265 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at pp. 145 and 151. 266 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 145. 267 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 950. 268 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1458. 269 Dukelow, Daphne A., The Dictionary of Canadian Law, 4th Edition (Toronto: Thomson Reuters Canada Ltd. 2011) at p. 1158. 270 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 145. 271 Evenson v Saskatchewan (Ministry of Justice), 2013 SKQB 296 (CanLII) at [44]. 272 ON IPC Orders M-202 at p. 11, P-650 at p. 3, P-1492 at p. 5, NFLD IPC Review Report A-2009-003 at [31].
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