Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 41 For more on section 51 of LA FOIP and the burden of proof, see Section 51: Burden of Proof later in this Chapter. The court is required to determine whether the local authority was authorized to refuse access. Where its refusal was not authorized, the court is given the authority to order a local authority to give an applicant access to a record, subject to any conditions the court considers appropriate. Alternatively, the court may make any other order it considers appropriate.52 If the court finds that refusal was authorized (i.e., an exemption under LA FOIP applies), the court will not order the local authority to provide access regardless of whether the exemption was a mandatory or discretionary exemption. To elaborate further, this means that the court will not exercise the heads discretion for any applicable discretionary exemptions.53 For more on mandatory and discretionary exemptions, see the Guide to LA FOIP, Chapter 4, “Exemptions from the Right of Access”. For appeals of fee estimates, fee waivers, transfers of requests and privacy matters, if the court determines that the decision made by the local authority was not authorized under LA FOIP, the court may order the local authority to reconsider its decision and proceed in accordance with LA FOIP subject to any conditions the court considers appropriate. The court may also make any order the court considers appropriate.54 Alternatively, if the court finds the decision made by the local authority was authorized, it will not order the local authority to reconsider.55 Several access to information and privacy matters have been appealed to the Court of King’s Bench for Saskatchewan. Some cases have gone further to the Court of Appeal for Saskatchewan. However, to date, no Saskatchewan access to information or privacy matter has reached the Supreme Court of Canada. Some notable cases in Saskatchewan are as follows: 52 Evenson v Kelsey Trail Regional Health Authority, 2012 SKKB 382 (CanLII) at [6]. See also, The Local Authority Freedom of Information and Protection of Privacy Act, SS 1990-91, c L-27.1 at s. 47(5). 53 The Local Authority Freedom of Information and Protection of Privacy Act, SS 1990-91, c L-27.1 at s. 47(6). 54 The Local Authority Freedom of Information and Protection of Privacy Act, SS 1990-91, c L-27.1 at s. 47(7). 55 The Local Authority Freedom of Information and Protection of Privacy Act, SS 1990-91, c L-27.1 at s. 47(8).
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