Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 262 • 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. 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”.884 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.885 There are several types of privilege. The exemption can include, but is not limited to:886 • Solicitor-client privilege (see below). • Litigation privilege (see below). • Legislative privilege (see below). • Case-by-case privilege (see below). 884 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. 885 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1449. 886 List of examples originates from Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 197.
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