Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 47 or provincial statute.175 In general, any person held in custody pursuant to a valid warrant or other authorized order is under lawful detention.176 When there is a review by the IPC, the local authority is invited to provide a submission (arguments). The local authority should describe the harm in detail to support the application of the provision. Local authorities should not assume that the harm is self-evident on the face of the records. A local authority cannot rely on subsection 14(1)(a) of LA FOIP for 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 (see subsection 14(2) of LA FOIP). Subsection 14(1)(a.1) Law enforcement and investigations 14(1) A head may refuse to give access to a record, the release of which could: … (a.1) prejudice, interfere with or adversely affect the detection, investigation or prevention of an act or omission that might constitute a terrorist activity as defined in the Criminal Code; … (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. 175 Adapted from Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 154. Defines “Persons lawfully detained”. 176 Government of Ontario, Freedom of Information and Protection of Privacy Manual, Chapter 5: Exemptions and Exclusions, Law Enforcement. Available at https://www.ontario.ca/document/freedominformation-and-protection-privacy-manual/chapter-5-exemptions-and-exclusions. Accessed October 8, 2019.
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