Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 86 prosecutor and may from time to time exercise prosecutorial discretion. The Commissioner found that the City’s submission did not explain how the information related to or was used in the exercise of prosecutorial discretion. Therefore, subsection 14(1)(k.2) of LA FOIP was found not to apply. Subsection 15(1)(k.3) Law enforcement and investigations 15(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 15(1)(k.3) of 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.324 Seized means to forcibly take possession.325 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 324 The Freedom of Information and Protection of Privacy Act, S.S. 1990-91, c. F-22.01 at subsection 2(1)(i). 325 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1631.
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