Guide to LA FOIP-Chapter 4

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 75 Impede in this context means to delay or block the progress or action of detection.291 Detection means the act of discovering or revealing something that is hidden or barely perceptible, especially to solve a crime.292 Offence means a violation of the law; a crime.293 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 impede the detection of an offence. 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 local authority.294 A local authority cannot rely on subsection 14(1)(j) 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). IPC Findings In Review Report 037-2018, the Commissioner considered subsection 14(1)(j) in LA FOIP. The applicant had requested records relating to a specific incident that occurred in 2012. The Saskatoon Police Service (SPS) withheld portions of the records citing a number of exemptions including subsection 14(1)(j) of LA FOIP. SPS specifically applied subsection 14(1)(j) of LA FOIP to seven pages that contained “ten codes” which were used by SPS when dispatching officers. The codes were used as a means of communication that conveyed a specific message without publicly identifying their true meaning. The codes were unique to SPS. SPS pointed to Ontario IPC Order PO-1665, which dealt with “ten codes”. In that case, the Ontario Commissioner agreed the codes should be withheld. The reason was that disclosure would leave OPP officers more vulnerable. Furthermore, it would compromise their ability to provide effective policing services, as it would make it easier for individuals engaged in illegal activities to carry them out and would jeopardize the safety of OPP officers who 291 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 711 (Oxford University Press). 292 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 563. 293 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1300. 294 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 p. 154.

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