Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 45 (k.3) reveal a record that has been seized by a law enforcement officer in accordance with an Act or Act of Parliament; (l) reveal technical information relating to weapons or potential weapons; or (m) reveal the security arrangements of particular vehicles, buildings or other structures or systems, including computer or communication systems, or methods employed to protect those vehicles, buildings, structures or systems. (2) Subsection (1) does not apply to a record that: (a) provides a general outline of the structure or programs of a law enforcement agency; or (b) reports, by means of statistical analysis or otherwise, on the degree of success achieved in a law enforcement program. Section 14 of LA FOIP recognizes that there is a strong public interest in protecting documents related to law enforcement: see Ontario (Public Safety and Security) v Criminal Lawyers’ Association, 2010 SCC 23 at para 44, [2010] 1 SCR 815.155 Section 14 of LA FOIP is a discretionary class-based and harm-based provision. Meaning, it contains both class and harm based exemptions. For the harms based exemptions, section 14 of LA FOIP uses the word “could” versus “could reasonably be expected to” as seen in other provisions of LA FOIP. The threshold for “could” is lower than the threshold for “could reasonably be expected to.”156 Subsection 14(1)(a) Law enforcement and investigations 14(1) A head may refuse to give access to a record, the release of which could: (a) prejudice, interfere with or adversely affect the detection, investigation, prevention or prosecution of an offence or the security of a centre of lawful detention; … (2) Subsection (1) does not apply to a record that: (a) provides a general outline of the structure or programs of a law enforcement agency; or 155 Stated in Leo v Global Transportation Hub Authority, 2019 SKQB 150 at [22]. 156 SK OIPC Review Reports LA-2007-001 at [117], F-2014-001 at [149].
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