Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 82 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 15(2)). Subsection 15(1)(k.2) Law enforcement and investigations 15(1) A head may refuse to give access to a record, the release of which could: … (k.2) reveal any information relating to or used in the exercise of prosecutorial discretion; … (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 15(1)(k.2) of FOIP is a discretionary class-based exemption. It permits refusal of access in situations where release of a record could reveal any information relating to or used in the exercise of prosecutorial discretion. Information related to or used in the exercise of prosecutorial discretion requires protection. The leading authority on the issue of prosecutorial discretion in Canada is Krieger v. Law Society of Alberta (2002). In that case, the Supreme Court of Canada defined the role of the Attorney General and Crown counsel and described their constitutional dimensions in terms of prosecutorial discretion. The Court said: It is a constitutional principle in this country that the Attorneys General of this country must act independently of partisan concerns when exercising their delegated sovereign authority to initiate, continue or terminate prosecutions… The quasi-judicial function of the Attorney General cannot be subjected to interference from parties who are not as competent to consider the various factors involved in making
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