Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 73 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 or exceedingly remote, the exemption should not be invoked.273 For this provision to apply there must be objective grounds for believing that disclosing the information could reveal law enforcement intelligence information. Reveal means to make known; cause or allow to be seen.274 When there is a review by the IPC, the government institution is invited to provide a submission (arguments). The government institution must establish how and why disclosure of the information in question could reveal the intelligence information. A government institution cannot rely on subsection 15(1)(i) 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)(j) Law enforcement and investigations 15(1) A head may refuse to give access to a record, the release of which could: … (j) facilitate the commission of an offence or tend to impede the detection of an offence; … 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]. 273 SK OIPC Review Reports LA-2007-001 at [117], LA-2013-001 at [35], F-2014-001 at [149]. 274 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1224.
RkJQdWJsaXNoZXIy MTgwMjYzOA==