Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 58 (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 Labour grievances have been acknowledged to be “legal proceedings” for statutory purposes.210 To qualify for this exemption, the legal proceedings must be “existing or anticipated” as the provision uses these terms. Anticipated means more than merely possible.211 To regard as probable.212 208 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]. 210 Park v. The Queen, 2012 TCC 306 at [65], Relied on in Britto v University of Saskatchewan, 2018 SKQB 92 at [47], Also found in Review Reports LA-2013-001 at [23] to [31], LA-2014-004 at [15]. 211 Britto v University of Saskatchewan, 2018 SKQB 92 at [58]. 212 Concise Oxford English Dictionary, 10th Edition, Revised, 2002, USA: Oxford University Press at p. 56.
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