Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 79 asserting the outcome could occur. If it is fanciful or exceedingly remote, the exemption should not be invoked.310 With respect to are words of the widest possible scope; the phrase is probably the widest of any expression intended to convey some connection between two related subject matters.311 A local authority cannot rely on subsection 14(1)(k) 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 157-2019, the Commissioner considered subsection 14(1)(k) of LA FOIP. An applicant had made an access to information request to the Saskatoon Police Service (SPS) for a document that had been provided to the Crown Prosecutor’s office by a Saskatoon police constable. For the first part of the test, the Commissioner found that a “law enforcement matter” was involved pursuant to section 264 of the federal Criminal Code. With respect to the second part of the test, the Commissioner found that release of the record could disclose information with respect to the law enforcement matter. The Commissioner found that the SPS properly applied subsection 14(1)(k) of LA FOIP and recommended that the SPS consider its exercise of discretion and release parts of the record that may not be sensitive in nature. 310 SK OIPC Review Reports LA-2007-001 at [117], LA-2013-001 at [35], F-2014-001 at [149]. 311 The Supreme Court of Canada (SCC) established the meaning of the phrase “in respect of” in Nowegijick v. The Queen, [1983] 1 SCR 29, 1983 CanLII 18 (SCC) at [39]. The SCC later applied the same interpretation to the phrase “with respect to” in CanadianOxy Chemicals Ltd. v. Canada (Attorney General), [1999] 1 SCR 743, 1999 CanLII 680 (SCC) at [15] to [17]. Summary of this can be found in Gardner, J., and Gardner K. (2016) Sangan’s Encyclopedia of Words and Phrases Legal Maxims, Canada, 5th Edition, Volume 5, S to Z at p. w-97.
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