Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 87 or exceedingly remote, the exemption should not be invoked.330 For this provision to apply there must be objective grounds for believing that disclosing the information could reveal information related to or used in the exercise of prosecutorial discretion. Reveal means to make known; cause or allow to be seen.331 There are also many smaller decisions regarding the “nature and extent” of a prosecution. For example, there are decisions to request and review information, conduct particular legal research or obtain the views of others. Disclosure of these kinds of information may reveal the grounds on which the larger prosecutorial decisions are based.332 When there is a review by the IPC, the local authority is invited to provide a submission (arguments). The local authority should describe how and why disclosure of the information in question could result in the release of information related to or used in the exercise of prosecutorial discretion. A local authority cannot rely on subsection 14(1)(k.2) of LA FOIP for 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 (see subsection 14(2) of LA FOIP). IPC Findings In Review Report 004-2020, the Commissioner considered subsection 14(1)(k.2) of LA FOIP. The City of Moose Jaw (City) had applied subsection 14(1)(k.2) of LA FOIP to an email exchange between a City Bylaw Enforcement Officer and the City’s legal counsel. The Commissioner found that the City was acting as the prosecutor and as such could exercise prosecutorial discretion. Bylaw Enforcement Officers may act on behalf of the City as a 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. 330 SK OIPC Review Reports LA-2007-001 at [117], LA-2013-001 at [35], F-2014-001 at [149]. 331 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 1224 (Oxford University Press). 332 AB IPC Order F2007-021 at [47].
RkJQdWJsaXNoZXIy MTgwMjYzOA==