Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 119 Including means that the list of information that follows is not complete (non-exhaustive). The examples in the provision are the types of information that could be presumed to disclose a confidence of the Executive Council (Cabinet).438 An important qualifier here is that the records must be for the purpose of briefing a minister in relation to matters before Cabinet, proposed to be brought before, or for use in a discussion with other ministers as be subsection 16(1)(c) of FOIP above.439 The following two-part test can be applied. However, only one of the questions needs to be answered in the affirmative for the exemption to apply. There may be circumstances where both questions apply and can be answered in the affirmative. 1. Does the record contain briefings to members of Cabinet in relation to matters that are before, or are proposed to be brought before, Cabinet or any of its committees? Briefing means a written summary of short duration; concise; using few words; a summary of facts or a meeting for giving information or instructions.440 An example would be a briefing note. In relation to has been found to have a similar meaning as “in respect of”. It was considered in Nowegijick v. The Queen (1983): The words “in respect of” are, in my opinion, words of the widest possible scope. They import such meanings as “in relation to”, “with reference to” or “in connection with”. The phrase “in respect of” is probably the widest of any expression intended to convey some connection between two related subject-matters.441 The phrase “are before, or are proposed to be brought before,” suggests present or future tense. It would not include a record already presented to and dealt with by the Executive Council or its committees.442 438 British Columbia Government Services, FOIPPA Policy and Procedures Manual at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/cabinet-local-public-body-confidences. Accessed June 26, 2019. 439 Office of the Information Commissioner of Canada, The Access to Information Act and Cabinet confidence: A Discussion of New Approaches, 1996 at p. 11. 440 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 174. 441 Nowegijick v. The Queen, [1983] 1 SCR 29, 1983 CanLII 18 (SCC) at [39]. 442 ON IPC Orders P-22 at p. 5 and P-40 at p. 11. Adopted in SK Review Report 021-2015 at [19].
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