Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 77 The following two-part test can be applied:285 1. Is there a law enforcement matter involved? Although FOIP does not define “law enforcement”, other privacy legislation across Canada does define the term in the context of access and privacy. The following definitions have been drawn from other jurisdictions and can be relied upon for subsection15(1)(k) of FOIP. Law enforcement includes:286 a) Policing, including criminal intelligence operations. Policing refers to the activities of police services. This means activities carried out under the authority of a statute regarding the maintenance of public order, detection and prevention of crime or the enforcement of law.287 Criminal intelligence is information relating to a person or group of persons compiled by law enforcement to anticipate, prevent or monitor possible criminal activity. Intelligence-gathering is sometimes a separate activity from the conduct of specific investigations. Intelligence may be used for future investigations, for activities aimed at preventing the commission of an offence or to ensure the security of individuals or organizations.288 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.289 285 SK OIPC first considered this provision in Review Report F-2012-006. The matter was later appealed to the Court of Queen’s Bench in Evenson v Saskatchewan (Ministry of Justice), 2013 SKQB 296 (CanLII). In later reports, the SK OIPC adjusted the test from three to two parts. The test still encompasses the same questions. 286 Definition from Newfoundland and Labrador’s Access to Information and Protection of Privacy Act, SNL 2002, c A-1.1 at subsection 2(i), similar definition in Ontario’s Freedom of Information and Protection of Privacy Act, R.S.O. 1990, Chapter F.31 at subsection 2(1)(b), similar definition used in Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 145. 287 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 145. 288 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at pp. 145 and 151. 289 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 145.
RkJQdWJsaXNoZXIy MTgwMjYzOA==