Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 73 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 reveal the intelligence information. A local authority cannot rely on subsection 14(1)(i) 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)(j) Law enforcement and investigations 14(1) A head may refuse to give access to a record, the release of which could: … (j) facilitate the commission of an offence or tend to impede the detection of an offence; … (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)(j) of LA FOIP is a discretionary harm-based exemption. It permits refusal of access in situations where release of a record could facilitate the commission of an offence or impedes the detection of one. The following two-part test can be applied. However, only one of the questions needs to be answered in the affirmative for the exemption to apply. There may be circumstances where both questions apply and can be answered in the affirmative. 1. Could release of the record facilitate the commission of an offence? 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
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