Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 77 a) Policing, including criminal intelligence operations. Policing refers to the activities of police services. This means activities carried out under the authority of a statute regarding the maintenance of public order, detection and prevention of crime or the enforcement of law.297 Criminal intelligence is information relating to a person or group of persons compiled by law enforcement to anticipate, prevent or monitor possible criminal activity. Intelligence-gathering is sometimes a separate activity from the conduct of specific investigations. Intelligence may be used for future investigations, for activities aimed at preventing the commission of an offence, or to ensure the security of individuals or organizations.298 b) Investigations, inspections or proceedings conducted under the authority of or for the purpose of enforcing an enactment which lead to or could lead to a penalty or sanction being imposed under the enactment. Investigation has been defined, in general, as a systematic process of examination, inquiry and observations.299 Inspection has been defined, in general, as a careful examination.300 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.301 Penalty or sanction means a punishment or penalty used to enforce obedience to law.302 It can include a fine, imprisonment, revocation of a license, an order to cease an activity or expulsion from an educational institution.303 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.304 297 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 p. 145. 298 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 pp. 145 and 151. 299 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 p. 145. 300 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 950. 301 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1458. 302 Dukelow, Daphne A., The Dictionary of Canadian Law, 4th Edition (Toronto: Thomson Reuters Canada Ltd. 2011) at p. 1158. 303 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 p. 145. 304 Evenson v Saskatchewan (Ministry of Justice), 2013 SKQB 296 (CanLII) at [44].
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