Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 260 Section 22: Solicitor-Client Privilege Solicitor-client privilege 22 A head may refuse to give access to a record that: (a) contains any information that is subject to any privilege that is available at law, including solicitor-client privilege; (b) was prepared by or for an agent of the Attorney General for Saskatchewan or legal counsel for a government institution in relation to a matter involving the provision of advice or other services by the agent or legal counsel; or (c) contains correspondence between an agent of the Attorney General for Saskatchewan or legal counsel for a government institution and any other person in relation to a matter involving the provision of advice or other services by the agent or legal counsel. Section 22 of FOIP is a discretionary class-based provision. It is intended to protect records that contain: • Information subject to any privilege available at law, including solicitor-client privilege (22(a)); • Information that relates to the provision of legal advice or services and was prepared for specified individuals (22(b)); or • Information relating to the provision of legal advice or services contained in correspondence between specified individuals (22(c)). Subsection 22(a) Solicitor-client privilege 22 A head may refuse to give access to a record that: (a) contains any information that is subject to any privilege that is available at law, including solicitor-client privilege; Subsection 22(a) of FOIP is a discretionary, class-based exemption. It permits refusal of access in situations where a record contains information that is subject to any legal privilege, including solicitor-client privilege.
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