Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 46 (b) reports, by means of statistical analysis or otherwise, on the degree of success achieved in a law enforcement program. Subsection 14(1)(a) of LA FOIP is a discretionary harm-based exemption. It permits refusal of access in situations where release of a record could prejudice, interfere with or adversely affect the detection, investigation, prevention or prosecution of an offence or the security of a centre of lawful detention. 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 somewhat lower than a reasonable expectation. The requirement for could is simply that the release of the information could have the specified result. There would still have to be a basis for asserting the harm could occur. If it is fanciful or exceedingly remote, the exemption should not be invoked.157 For this 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.162 157 SK OIPC Review Reports LA-2007-001 at [117], LA-2013-001 at [35], F-2014-001 at [149]. 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.
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