Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 87 (2) Subsection (1) does not apply to 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. Subsection 15(1)(k.3) of FOIP is a discretionary class-based exemption. It permits refusal of access in situations where release of a record could reveal a record that had been seized by a law enforcement officer in accordance with an Act or Act of Parliament. The following two-part test can be applied: 1. Is there a record seized by a law enforcement officer in accordance with an Act or Act of Parliament? Record means a record of information in any form and includes information that is written, photographed, recorded or stored in any manner, but does not include computer programs or other mechanisms that produce records.324 Seized means to forcibly take possession.325 In this context, seizure may occur as the result of a warrant but there are other circumstances where a warrant may not be involved, for example the seizure of plain view evidence or in exigent circumstances (see subsection 87(7) of the Criminal Code). Law enforcement officer is a person whose duty is to enforce the laws and preserve the peace.326 An Act means an Act of the Legislature and includes an Ordinance of the Northwest Territories in force in Saskatchewan.327 An Act of Parliament encompasses all Acts enacted by the Parliament of Canada.328 An example is the Criminal Code. 324 The Freedom of Information and Protection of Privacy Act, S.S. 1990-91, c. F-22.01 at subsection 2(1)(i). 325 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1631. 326 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1058. 327 See subsection 2-29 of The Legislation Act, S.S. 2019, Chapter L-10.2. 328 Office of the Information Commissioner of Canada, Investigator’s Guide to Interpreting the ATIA, https://www.oic-ci.gc.ca/en/investigators-guide-interpreting-act/section-16-law-enforcementinvestigations-security, accessed on June 14, 2019. Definition relied on in SK OIPC Review Report F2014-001 at [127].
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