Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 84 acting on behalf of the Attorney General, the informant or the person who issued the ticket; (ii) with respect to a bylaw, anyone authorized by a municipality or by a body corporate mentioned in subclauses (a)(ii) to (iv) to prosecute bylaws on its behalf; The exercise of prosecutorial discretion may be with respect to offences under the Criminal Code and any other enactment of Canada for which the Attorney General for Saskatchewan may initiate and conduct a prosecution. Prosecutorial discretion may also be exercised with respect to offences under an enactment of Saskatchewan, including prosecution of provincial regulatory offences.314 A regulatory offence is a statutory crime, as opposed to a commonlaw crime. It is an offence in which motive is not a consideration in determining guilt, such as a traffic violation.315 2. Is the information related to or was it used in the exercise of the discretion? Relating to should be given a plain but expansive meaning.316 The phrase should be read in its grammatical and ordinary sense. There is no need to incorporate complex requirements (such as “substantial connection”) for its application, which would be inconsistent with the plain unambiguous meaning of the words of the statute.317 “Relating to” requires some connection between the information and the exercise of prosecutorial discretion.318 Most records relating to this exemption will be in the possession or under the control of the Ministry of Justice. Copies of records or notes reflecting the discretion exercised may be in the files of local authorities or police services.319 The fact that information is in a Crown Prosecutor’s files does not necessarily mean that the information relates to the exercise of prosecutorial discretion. The substance, not location, of the information is determinative.320 314 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 p. 153. 315 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at pp. 1302 and 1303. 316 Gertner v. Lawyers’ Professional Indemnity Company, 2011 ONSC 6121 (CanLII) at [32]. 317 Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [45]. This case dealt specifically with an appeal regarding Ontario’s FOIP legislation. 318 Adapted from Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [43]. 319 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 p. 153. 320 AB IPC Order F2007-021 at [51]. Referenced in Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 p. 153.
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