Guide to LA FOIP-Chapter 4

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 45 provision to apply there must be objective grounds for believing that disclosing the information could result in the harm alleged. Prejudice in this context refers to detriment to the detection, investigation, prevention or prosecution of an offence or the security of a centre of lawful detention.158 Interfere with includes hindering or hampering an ongoing investigation and anything that would detract from an investigator’s ability to pursue the investigation.159 Adversely affect in this context means to have a harmful or unfavorable impact160 on the detection, investigation, prevention or prosecution of an offence or the security of a centre of lawful detention. Detection is the act of discovering or revealing something that is hidden or barely perceptible, especially to solve a crime.161 Investigation can include police, security or administrative investigations or a combination of these. Investigation has been defined, in general terms, as a systematic process of examination, inquiry and observation.162 • A police investigation is one carried out by the police, or other persons who carry out a policing function that involves investigations.163 For example, a police investigation may include an investigation by a special constable appointed under The Police Act, 1990. • A security investigation includes activities carried out by, for or concerning a local authority and relates to the security of the organization and its clients, staff, resources or the public. It includes the work that is done to secure, ensure safety or protect from danger, theft or damage. In order to qualify, the investigation must lead or could lead to a penalty or sanction imposed under a statute, regulation, bylaw or resolution.164 • An administrative investigation refers to activities undertaken to enforce compliance or to remedy non-compliance with standards, duties and responsibilities imposed by statute or regulation.165 For example, investigations under The Securities 158 Adapted from Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 149. 159 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 152. 160 Pearsall, Judy, Concise Oxford English Dictionary, 10th Edition at p. 19, (Oxford University Press). 161 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 543. 162 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 146. 163 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 146. 164 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 146. 165 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 146.

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