Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 115 If the parties cannot agree, a court application will have to be made to determine the procedure to be used, what is filed sealed, what is argued in camera and what is argued in open court. The court will determine this procedure and issue an order. In camera, in private or in the judge’s private chambers.247 ii. The second step will be the actual argument by the parties as has been previously directed by the judge or agreed by the parties.248 In the recent Court of Appeal for Saskatchewan decision, Leo v Global Transportation Hub Authority, 2020 SKCA 91 (CanLII), the court clarified the de novo nature of an appeal pursuant to the equivalent section in The Freedom of Information and Protection of Privacy Act (FOIP) – section 57. Part VII of FOIP (and LA FOIP) does not in any way contemplate that, on an appeal to the Court of King’s Bench, parties can raise any and all provisions of the Act that bear on the question of whether the record in issue may be released. The system of the Act offers no room for a direct appeal to the Court of King’s Bench from the decision of a head, i.e., an appeal that circumvents the application to the Commissioner for a review.249 247 Adapted from Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 909. 248 SK OIPC Resource, Guide to Appealing the Decision of a Head of a Government Institution, or a Local Authority, or a Health Trustee at p. 10. 249 Leo v Global Transportation Hub Authority, 2020 SKCA 91 (CanLII) at [41] and [47].
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