Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 225 Section 20: Danger to Health or Safety Danger to health or safety 20 A head may refuse to give access to a record if the disclosure could threaten the safety or the physical or mental health of an individual. Section 20 of LA FOIP is a discretionary, harm-based exemption. It permits refusal of access in situations where disclosure of a record could threaten the safety or the physical or mental health of an individual. Every jurisdiction in Canada (except Quebec) has a similarly worded provision as Saskatchewan’s section 20 of LA FOIP. However, the thresholds for every other jurisdiction are higher and use the “could reasonably be expected” threshold. No other jurisdiction in Canada has the same lower threshold as Saskatchewan’s section 20 of LA FOIP. The following test can be applied: Could disclosure of the record threaten the safety or the physical or mental health of an individual? For section 20 of LA FOIP, the question that must be answered is could disclosure of the record threaten the safety or the physical or mental health of an individual? The threshold for “could” is somewhat lower than a reasonable expectation. On the threshold, speculation is at one end and probable (or “could reasonably be expected”) is at the other. The middle ground for “could” therefore, is that which is possible. Speculative means engaged in, expressing or based on conjecture rather than knowledge. Conjecture is an opinion or conclusion based on incomplete information.752 Speculation generally has no objective basis. If the harm is fanciful or exceedingly remote, it is in the realm of speculation or conjecture. Possible means capable of existing, happening, or being achieved; that which is not certain or probable.753 Probable means likely to happen or be the case.754 752 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at pp. 1379 and 301 (Oxford University Press). 753 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 1117 (Oxford University Press). 754 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 1139 (Oxford University Press).
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