Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 65 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)(g) Law enforcement and investigations 14(1) A head may refuse to give access to a record, the release of which could: … (g) deprive a person of a fair trial or impartial adjudication; … (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. Applicants have a general right to access information pursuant to section 5 of LA FOIP. However, other rights and freedoms must be upheld notwithstanding the right of access. The Canadian Bill of Rights sets out a number of rights and freedoms. Although only a federal statute, it is helpful in understanding the origins of these rights and freedoms. Subsections 2(e) and (f) of the Canadian Bill of Rights provides that: 2. Every law of Canada shall, unless it is expressly declared by an Act of the Parliament of Canada that it shall operate notwithstanding the Canadian Bill of Rights, be so construed and applied as not to abrogate, abridge or infringe or to authorize the abrogation, abridgment or infringement of any of the rights or freedoms herein recognized and declared, and in particular, no law of Canada shall be construed or applied so as to … e) deprive a person of the right to a fair hearing in accordance with the principles of fundamental justice for the determination of rights and obligations; f) deprive a person charged with a criminal offence of the right to be presumed innocent until proven guilty according to law in a fair and public hearing by an
RkJQdWJsaXNoZXIy MTgwMjYzOA==