Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 171 (3) A head who has granted an application for access to a record or part of a record shall, immediately on receipt of a notice of appeal by a third party, give written notice of the appeal to the applicant. (4) A third party who has been given notice of an appeal pursuant to subsection (2) or an applicant or individual who has been given notice of an appeal pursuant to subsection (3) may appear as a party to the appeal. (5) The commissioner shall not be a party to an appeal. A person or party (not the local authority) who is dissatisfied with the head’s decision following the Commissioner’s review or investigation under LA FOIP, may pursue an appeal of the decision to the court. An appeal to the court begins with an application to the Court of King’s Bench for Saskatchewan and may be appealed further by any party. For more on the process of appealing to the Court of King’s Bench see IPC resource, Guide to Appealing the Decision of a Head of a Government Institution, or a Local Authority, or a Health Trustee. The levels of an appeal follow a hierarchical model as follows: 1. Court of King’s Bench for Saskatchewan 2. Court of Appeal for Saskatchewan 3. Supreme Court of Canada294 Judges are required to give reasons for their decisions. These reasons may be contained in a written judgement of the court or may be given orally in court. Sometimes judges may do both – giving their decision orally in court with written reasons for the decision following at a later date.295 These judgments or orders are binding on the parties. The Queen’s Bench Rules, Part 10: Judgments and Orders at section 10-22 states: 10-22 Every order of the Court in any cause or matter may be enforced against all persons bound by the order in the same manner as a judgement to the same effect. 294 Courts of Saskatchewan, Resources, Court Structure. Available at https://sasklawcourts.ca/index.php/home/resources/learn-about-the-courts-resources/court-structure. 295 Courts of Saskatchewan at https://sasklawcourts.ca/index.php/home/decisions.
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