Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 87 2. Could release reveal the record that was seized? 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 the assertion. If it is fanciful or exceedingly remote, the exemption should not be invoked.338 For this provision to apply there must be objective grounds for believing that disclosing the information could reveal a record that has been seized by a law enforcement officer in accordance with an Act or Act of Parliament. Reveal means to make known; cause or allow to be seen.339 A local authority cannot rely on subsection 14(1)(k.3) for 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)(l) Law enforcement and investigations 14(1) A head may refuse to give access to a record, the release of which could: … (l) reveal technical information relating to weapons or potential weapons; or … (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. 338 SK OIPC Review Reports LA-2007-001 at [117], LA-2013-001 at [35], F-2014-001 at [149]. 339 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 1224 (Oxford University Press).
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