Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 88 Subsection 14(1)(k.3) Law enforcement and investigations 14(1) A head may refuse to give access to a record, the release of which could: … (k.3) reveal a record that has been seized by a law enforcement officer in accordance with an Act or Act of Parliament; … (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. Subsection 14(1)(k.3) of LA FOIP is a discretionary class-based exemption. It permits refusal of access in situations where release of a record could reveal a record that had been seized by a law enforcement officer in accordance with an Act or Act of Parliament. The following two-part test can be applied: 1. Is there a record seized by a law enforcement officer in accordance with an Act or Act of Parliament? Record means a record of information in any form and includes information that is written, photographed, recorded or stored in any manner, but does not include computer programs or other mechanisms that produce records.333 Seized means to forcibly take possession.334 In this context, seizure may occur as the result of a warrant but there are other circumstances where a warrant may not be involved, for example the seizure of plain view evidence or in exigent circumstances (see subsection 87(7) of the Criminal Code). 333 The Local Authority Freedom of Information and Protection of Privacy Act, S.S. 1990-91, c L-27.1 at subsection 2(1)(j). 334 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1631.
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