Guide to LA FOIP-Chapter 4

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 64 aimed at preventing the commission of an offence, or to ensure the security of individuals or organizations.241 b) Investigations, inspections or proceedings conducted under the authority of or for the purpose of enforcing an enactment which lead to, or could lead to a penalty or sanction being imposed under the enactment. Investigation has been defined, in general, as a systematic process of examination, inquiry and observations.242 Inspection has been defined, in general, as a careful examination.243 Legal proceeding has been defined, in general, as any proceeding authorized by law and instituted in a court or tribunal to acquire a right or to enforce a remedy.244 Penalty or sanction means a punishment or penalty used to enforce obedience to law.245 It can include a fine, imprisonment, revocation of a license, an order to cease an activity or expulsion from an educational institution.246 Matter should be given its plain and ordinary meaning. It does not necessarily always have to apply to some specific on-going investigation or proceeding.247 When there is a review by the IPC, the local authority is invited to provide a submission (arguments). The local authority must establish how and why disclosure of the information in question could disclose the identity of a confidential source of information or disclose information furnished by a confidential source. A local authority cannot rely on subsection 14(1)(f) of LA FOIP for a record that: a) Provides a general outline of the structure or programs of a law enforcement agency; or 241 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 pp. 145 and 151. 242 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 p. 145. 243 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 950. 244 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1458. 245 Dukelow, Daphne A., The Dictionary of Canadian Law, 4th Edition (Toronto: Thomson Reuters Canada Ltd. 2011) at p. 1158. 246 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 p. 145. 247 Evenson v Saskatchewan (Ministry of Justice), 2013 SKQB 296 (CanLII) at [44].

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