Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 81 The following two-part test can be applied: 1. Who is at risk of harm (law enforcement officer or another person)? Law enforcement officer is a person whose duty is to enforce the laws and preserve the peace.303 Person includes an individual, corporation or the heirs, executors, administrators, or other legal representatives of a person.304 2. Could disclosure endanger the life or physical safety of that person? 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.305 For this provision to apply there must be objective grounds for believing that disclosing the information could result in the harm alleged. Endanger means exposure to peril or harm.306 Physical safety means to be protected from any physical injury or impairment to the human body.307 Endanger the life or physical safety refers to situations in which disclosure of information could threaten, or put in peril, someone’s life or physical well-being. An individual’s physical safety can be threatened as a result of a physical attack or an attack against property that is likely to cause casualties.308 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 endanger the life or physical safety of the person. A government institution cannot rely on subsection 15(1)(k.1) of FOIP for a record that: 303 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1058. 304 The Legislation Act, S.S 2019, Chapter L-10.2 at ss. 2-29. 305 SK OIPC Review Reports LA-2007-001 at [117], LA-2013-001 at [35], F-2014-001 at [149]. 306 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 667. 307 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 861. 308 Government of Newfoundland and Labrador resource, Access to Information: Policy and Procedures Manual, October 2017 at p. 128.
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