Does the s.15(1)(k) exemption from the Commissioner of Public Prosecutions apply if a law enforcement matter is active and ongoing?

In my opinion, the qualifier placed on the s. 15(1)(k) exemption by the Commissioner – that the law enforcement matter must be active and ongoing – is not found in the legislation. The legislation is quite specific and provides that disclosure is exempted if it would interfere with a law enforcement matter or disclose information respecting a law enforcement matter. There is nothing to suggest that there must be an ongoing law enforcement matter before the exemption applies. This is not a situation where litigation privilege is the basis for the denial of disclosure which privilege comes to an end at the conclusion of the litigation (see Blank v. Canada, 2006 SCC 39, [2006] 2 S.C.R. 319 at para. 36) but, rather, a case of a denial upon a statutory exemption.