Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 48 Subsection 14(1)(a.1) 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, or prevention of an act or omission that might constitute a terrorist activity. 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.177 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 or prevention of an act or omission that might constitute a terrorist activity.178 Interfere with includes hindering or hampering the detection, investigation or prevention of an act or omission that might constitute a terrorist activity.179 Adversely affect in this context means to have a harmful or unfavorable impact180 on the detection, investigation or prevention of an act or omission that might constitute a terrorist activity. Detection is the act of discovering or revealing something that is hidden or barely perceptible, especially to solve a crime.181 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.182 • A police investigation is one carried out by the police, or other persons who carry out a policing function that involves investigations.183 For example, a police 177 SK OIPC Review Reports LA-2007-001 at [117], LA-2013-001 at [35], F-2014-001 at [149]. 178 Adapted from Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 149. 179 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 152. 180 Pearsall, Judy, Concise Oxford English Dictionary, 10th Edition at p. 19, (Oxford University Press). 181 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 543. 182 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 146. 183 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 146.
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