Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 78 Inspection has been defined, in general, as a careful examination.290 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.291 Penalty or sanction means a punishment or penalty used to enforce obedience to law.292 It can include a fine, imprisonment, revocation of a license, an order to cease an activity or expulsion from an educational institution.293 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.294 The law enforcement matter does not have to be active and ongoing in order to qualify.295 It is not limited to law enforcement matters involving the government institution.296 Activities of agencies and investigative bodies listed in section 14 of The Freedom of Information and Protection of Privacy Regulations for the purpose of subsection 29(2)(g) of FOIP may also qualify as law enforcement matters for the purpose of subsection 15(1)(k) of FOIP.297 2. Does one of the following exist? a) Could release of information interfere with a law enforcement matter? 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.298 For this provision to apply there must be objective grounds for believing that disclosing the information could result in the harm alleged. 290 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 950. 291 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1458. 292 Dukelow, Daphne A., The Dictionary of Canadian Law, 4th Edition (Toronto: Thomson Reuters Canada Ltd. 2011) at p. 1158. 293 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 145. 294 Evenson v Saskatchewan (Ministry of Justice), 2013 SKQB 296 (CanLII) at [44]. 295 Evenson v Saskatchewan (Ministry of Justice), 2013 SKQB 296 (CanLII) at [40]. 296 Leo v Global Transportation Hub Authority, 2019 SKQB 150 at [25]. 297 SK OIPC Review Reports 1993-021 at p. 7, F-2012-006 at [89] and 139-2017 at [50]. 298 SK OIPC Review Reports LA-2007-001 at [117], LA-2013-001 at [35], F-2014-001 at [149].
RkJQdWJsaXNoZXIy MTgwMjYzOA==