Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 74 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.284 For this provision to apply there must be objective grounds for believing that releasing the information could facilitate the commission of an offence. Facilitate to make the occurrence of something easier; to render less difficult.285 Commission in this context means the action of committing an offence.286 Offence means a violation of the law; a crime.287 Examples include information about techniques, tools and instruments used for criminal acts; names of individuals with permits for guns; the location of police officers; and the location of valuable assets belonging to a government institution.288 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. 2. Could release of the record tend to impede the detection 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 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.289 For this provision to apply there must be objective grounds for believing that releasing the information could impede the detection of an offence. Tend to means to have a direct bearing or effect; to contribute or conduce in some degree or way; to have a tendency to.290 284 SK OIPC Review Reports LA-2007-001 at [117], LA-2013-001 at [35], F-2014-001 at [149]. 285 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 734. 286 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 287 (Oxford University Press). 287 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1300. 288 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 p. 154. 289 SK OIPC Review Reports LA-2007-001 at [117], LA-2013-001 at [35], F-2014-001 at [149]. 290 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1770.
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