Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 83 prosecution, as codified in the [Criminal Code], ss. 579 and 579.1; (c) the discretion to accept a guilty plea to a lesser charge; (d) the discretion to withdraw from criminal proceedings altogether: [R. v. Osborne (1975)]; and (e) the discretion to take control of a private prosecution: [R. v. Osiowy (1989)]. While there are other discretionary decisions, these are the core of the delegated sovereign authority peculiar to the office of the Attorney General.321 Exercise means to make use of; to put into action; to execute.322 Subsection 2(u) of The Summary Offences Procedure Act, 1990, SS 1990-91, c S-63.1 defines “prosecutor” as follows: 2 In this Act: ... (u) “prosecutor” means: (i) the Attorney General or, where the Attorney General does not intervene, the informant or the person who issued the ticket, and includes counsel or the agent 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.323 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.324 2. Is the information related to or was it used in the exercise of the discretion? 321 Krieger v. Law Society of Alberta, [2002] 3 SCR 372, 2002 SCC 65 (CanLII) at [66]. 322 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 718. 323 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 p. 153. 324 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at pp. 1302 and 1303.
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