Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 70 expectation. The requirement for could is simply that the release of the information could have the specified result. There would still have to be a basis for asserting the harm could occur. If it is fanciful or exceedingly remote, the exemption should not be invoked.268 For this provision to apply there must be objective grounds for believing that disclosing the information could result in the harm alleged. Facilitate means to make the occurrence of escape easier; to render less difficult.269 Escape means the act or an instance of breaking free from confinement.270 An example of information protected by this exemption is the building plans for a correctional facility.271 When there is a review by the IPC, the local authority is invited to provide a submission (arguments). The local authority should describe how and why disclosure of the information in question could facilitate escape. A local authority cannot rely on subsection 14(1)(h) of LA FOIP for 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 (see subsection 14(2) of LA FOIP). Subsection 14(1)(i) Law enforcement and investigations 14(1) A head may refuse to give access to a record, the release of which could: … (i) reveal law enforcement intelligence information; … (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 268 SK OIPC Review Reports LA-2007-001 at [117], LA-2013-001 at [35], F-2014-001 at [149]. 269 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 734. 270 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 685. 271 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 154.
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