Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 56 Subsection 14(1)(d) Law enforcement and investigations 14(1) A head may refuse to give access to a record, the release of which could: … (d) be injurious to the local authority in the conduct of existing or anticipated legal proceedings; … (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. Subsection 14(1)(d) of LA FOIP is a discretionary harm-based exemption. It permits refusal of access in situations where release of a record could be injurious to the local authority in the conduct of existing or anticipated legal proceedings. The following two-part test can be applied: 1. Do the proceedings qualify as existing or anticipated legal proceedings? Legal proceedings are any civil or criminal proceeding or inquiry in which evidence is or may be given and includes an arbitration.208 It includes proceedings governed by rules of court or rules of judicial or quasi-judicial tribunals that can result in a judgement of a court or a ruling by a tribunal. Legal proceedings include all proceedings authorized or sanctioned by law and brought or instituted in a court or legal tribunal, for the acquiring of a right or the enforcement of a remedy.209 208 Canada Evidence Act, RSC, 1985, c C-5, s. 30(12), Relied on in Britto v University of Saskatchewan, 2018 SKQB 92 at [46]. 209 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Appendix 1: Definitions at p. 376, Part of the definition comes from Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1458, First adopted by SK OIPC in Review Report LA-2013-001 at [25] and [27], Affirmed in Britto v University of Saskatchewan, 2018 SKQB 92 at [44] and [49].
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