Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 75 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 facilitate escape. 2. Could release of the record tend to impede the detection of an offence? 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.279 For this provision to apply there must be objective grounds for believing that releasing the information could impede the detection of an offence. Tend to means to have a direct bearing or effect; to contribute or conduce in some degree or way; to have a tendency to.280 Impede in this context means to delay or block the progress or action of detection.281 Detection means the act of discovering or revealing something that is hidden or barely perceptible, especially to solve a crime.282 Offence means a violation of the law; a crime.283 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 impede the detection of an offence. Examples include information about techniques, tools and instruments used for criminal acts; names of individuals with permits for guns; the location of police officers; and the location of valuable assets belonging to a government institution.284 A government institution cannot rely on subsection 15(1)(j) of FOIP for a record that: a) Provides a general outline of the structure or programs of a law enforcement agency; or 279 SK OIPC Review Reports LA-2007-001 at [117], LA-2013-001 at [35], F-2014-001 at [149]. 280 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1770. 281 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 711. 282 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 563. 283 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1300. 284 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 154.
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