Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 87 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. 2. Could release reveal the record that was seized? 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 the assertion. If it is fanciful or exceedingly remote, the exemption should not be invoked.329 For this provision to apply there must be objective grounds for believing that disclosing the information could reveal a record that has been seized by a law enforcement officer in accordance with an Act or Act of Parliament. Reveal means to make known; cause or allow to be seen.330 A government institution cannot rely on subsection 15(1)(k.3) of FOIP for 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 (see subsection 15(2)). 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]. 329 SK OIPC Review Reports LA-2007-001 at [117], LA-2013-001 at [35], F-2014-001 at [149]. 330 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1224.
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