Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 69 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 (see subsection 14(2) of LA FOIP). Subsection 14(1)(h) Law enforcement and investigations 14(1) A head may refuse to give access to a record, the release of which could: … (h) facilitate the escape from custody of an individual who is under lawful detention; … (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)(h) of LA FOIP is a discretionary harm-based exemption. It permits refusal of access in situations where release of a record could facilitate the escape from custody of an individual who is under lawful detention.266 The following two-part test can be applied: 1. Is there an individual who is under lawful detention? Under lawful detention means any person held in custody pursuant to a valid warrant or other authorized order. It extends to individuals remanded in custody (charged but not yet tried or convicted). It does not include individuals released under bail supervision.267 2. Could release of the record facilitate escape from custody? 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 266 Alberta’s FOIP Act has a similarly worded provision (subsection 20(1)(j)), however, it uses the phrase “could reasonably be expected to” which is a higher threshold than Saskatchewan’s subsection 15(1)(h). 267 Government of Newfoundland and Labrador, resource Access to Information: Policy and Procedures Manual, October 2017 at p. 130.
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