Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 40 In camera, in this context, means in the judge’s private chambers.46 In general terms, it means in private (not open to the public). For a case involving both the examination of records in camera by the judge and an in camera hearing, see Leo v Global Transportation Hub Authority, 2018 SKKB 323 (CanLII). In order to avoid disclosure of withheld information or the existence of records (i.e., where subsection 7(2)(f) of LA FOIP has been applied), the court will take every reasonable precaution including, where appropriate, receiving representations ex parte and/or conducting hearings in camera.47 Ex parte, in this context, means receiving representations from one party only, usually without notice to or argument from the adverse party.48 The Information and Privacy Commissioner cannot be a party to an appeal.49 Further, the Commissioner and the staff of the Commissioner are not compellable to give evidence in a court. Where the court finds evidence of an offence by an officer or employee of a local authority under section 56 of LA FOIP or any Act or regulation provincially or federally, the court may disclose information to the Attorney General for Saskatchewan or the Attorney General of Canada.50 Unlike the review of many other local authority actions that must generally be upheld if supported by evidence and not arbitrary or capricious, the burden rests on the local authority to justify its action. Section 51 of LA FOIP provides: 51 In any proceeding pursuant to this Act, the burden of establishing that access to the record applied for may or must be refused or granted is on the head concerned.51 46 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 909. 47 The Local Authority Freedom of Information and Protection of Privacy Act, SS 1990-91, c L-27.1 at s. 47(3). 48 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 722. 49 The Local Authority Freedom of Information and Protection of Privacy Act, SS 1990-91, c L-27.1 at s. 47(5). 50 The Local Authority Freedom of Information and Protection of Privacy Act, SS 1990-91, c L-27.1 at s. 47(4). 51 General Motors Acceptance Corp. of Canada v. Saskatchewan Government Insurance, 1993 CanLII 9128 (SK CA) at [12].
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