Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 227 Mental health means the condition of a person in respect of the functioning of the mind.762 It means the ability of a person’s mind to function in its normal state. Determination of the effect of a release of information on a person’s mental health must, where practicable, be based on a subjective evaluation made on a case-by-case basis.763 The exemption can apply where the nature of the applicant is the reason harm may occur: Mental health: where the applicant has a history of mental or emotional difficulties and disclosure of the information could worsen or aggravate his/her condition to the point that he/she could harm someone. Violent behavior: where the applicant has a history of violent behavior and disclosure of the identity of informants who assisted the government in its case against the applicant could endanger the safety of the informants.764 It is fair then to look at the probable effect of disclosure from the perspective of the applicant – i.e., what use might this specific applicant make of the requested information? What, in view of what is known about the applicant, might the applicant do to themselves or someone else if the information is disclosed?765 For example, the mental or physical health of a person would be threatened if information were disclosed to an applicant that would cause severe stress such as suicidal ideation or that could result in verbal or physical harassment or stalking. Individual safety could be threatened if information were released that allowed someone who had threatened to kill or injure the individual to locate them. Examples of individuals whose safety might be threatened would include an individual fleeing from a violent spouse, a victim of harassment or a witness to harassment, or an employee who has been threatened.766 762 The Shorter Oxford English Dictionary on Historical Principles, Oxford University Press 1973, Volume 1 at p. 1220. 763 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 764 Information Commissioner of Canada resource, Investigator’s Guide to Interpreting the Act, Section 17: Safety of Individuals. Available at https://www.oic-ci.gc.ca/en/investigators-guide-interpretingact/section-17-safety-individuals. Accessed September 6, 2019. 765 Information Commissioner of Canada resource, Investigator’s Guide to Interpreting the Act, Section 17: Safety of Individuals. Available at https://www.oic-ci.gc.ca/en/investigators-guide-interpretingact/section-17-safety-individuals. Accessed September 6, 2019. 766 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 137.
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