Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 261 Including means that the list of information that follows is not complete (non-exhaustive). The example in the provision is the type of information that could be presumed to qualify as a “privilege available at law”.883 Amendments were made to this subsection effective January 1, 2018. The change was the inclusion of the phrase “any privilege that is available at law”. The exemption previously only considered solicitor-client privilege. Privilege is a special right, exemption, or immunity granted to a person or class of persons.884 There are several types of privilege. The exemption can include, but is not limited to:885 • Solicitor-client privilege (see below). • Litigation privilege (see below). • Legislative privilege (see below). • Case-by-case privilege (see below). • Common interest privilege: a privilege that exists when records are provided among parties where several parties have a common interest in anticipated litigation.886 • Informer privilege: historically known as ‘police informer privilege,’887 means the qualified privilege that a government can invoke to prevent disclosure of the identity and communications of its informants.888 • Labour relations privilege: is a privilege in the labour relations context. Four conditions should be satisfied in order for the privilege to be claimed for communications made within a confidential relationship: 1. The communications must originate in a confidence that they will not be disclosed. 2. This element of confidentiality must be essential to the full and satisfactory maintenance of the relations between the parties. 883 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. Definition of “including” as included in SK OIPC Guide to FOIP, Chapter 4 – Exemptions from the Right of Access, for subsections 16(1), 17(1)(g) and 24(1) of FOIP. 884 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1449. 885 List of examples originates from Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 197. 886 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 199. 887 AB IPC Order 96-020 at [67]. 888 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1451.
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