Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 72 Investigation has been defined, in general, as a systematic process of examination, inquiry and observations.275 Inspection has been defined, in general, as a careful examination.276 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.277 Penalty or sanction means a punishment or penalty used to enforce obedience to law.278 It can include a fine, imprisonment, revocation of a license, an order to cease an activity or expulsion from an educational institution.279 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.280 Intelligence information is information gathered by a law enforcement agency in a covert manner with respect to ongoing efforts devoted to the detection and prosecution of crime or the prevention of possible violation of law and is distinct from information which is compiled and identifiable as part of the investigation of a specific occurrence.281 2. Could disclosure reveal law enforcement intelligence information? 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 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 the assertion. If it is fanciful or exceedingly remote, the exemption should not be invoked.282 For this provision to apply there must be objective grounds for believing that disclosing the information could reveal law enforcement intelligence information. Reveal means to make known; cause or allow to be seen.283 275 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 p. 145. 276 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 950. 277 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1458. 278 Dukelow, Daphne A., The Dictionary of Canadian Law, 4th Edition (Toronto: Thomson Reuters Canada Ltd. 2011) at p. 1158. 279 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 p. 145. 280 Evenson v Saskatchewan (Ministry of Justice), 2013 SKQB 296 (CanLII) at [44]. 281 ON IPC Orders M-202 at p. 11, P-650 at p. 3, P-1492 at p. 5, NFLD IPC Review Report A-2009-003 at [31]. 282 SK OIPC Review Reports LA-2007-001 at [117], LA-2013-001 at [35], F-2014-001 at [149]. 283 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 1224 (Oxford University Press).
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