Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 98 Mr. Justice Culliton, made a recommendation about the type of records that should be protected as cabinet confidences in his report titled, Report of the Honourable E.M. Culliton, Former Chief Justice of Saskatchewan, on the Matter of Freedom of Information and Protection of Privacy in the Province of Saskatchewan. In Review Report F-2012-004, the Commissioner quoted these recommendations from Justice Culliton as follows: The solidarity of cabinet can be maintained only by complete confidentiality in respect to all records relevant to its administration and operation. I recommend that the legislation provide for such complete confidentiality and without in any way restricting that wide protection, should provide specifically that access shall not be granted to: a) memoranda the purpose of which is to present proposals or recommendations to the executive council; b) discussion papers, the purpose of which is to present background, explanation, analysis of problems or political options to the executive council for consideration by the council in making decisions; c) agenda of executive council or minister or records disclosing deliberations or decisions of the executive council; d) records used for or reflecting conclusions or discussions by the members of the executive council on matters relating to the making of government decisions or the formulation of government policy; e) records the purpose of which is to brief members of the executive council in relation to matters that are before or are proposed to be brought before the executive council; and f) draft legislation.354 IPC Findings In 2015, the Commissioner issued 10 Review Reports355 involving 10 different government institutions. An applicant had requested the Transition Briefing Binders provided to new ministers in June 2014 for each of the 10 government institutions. Each of the government institutions responded to the applicant. All of the responses indicated that the Transition 354 Report of the Honourable E. M. Culliton, Former Chief Justice of Saskatchewan on the Matter of Freedom of Information and Protection of Privacy in the Province of Saskatchewan (Regina: Legislative Assembly of Saskatchewan Library, 1981), p. 85. SK OIPC Review Report F-2012-004 at [55]. 355 SK OIPC Review Reports 016-2015, 017-2015, 018-2015, 019-2015, 020-2015, 021-2015, 022-2015, 023-2015, 032-2015 and 033-2015.
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