Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 267 documenting the legal advice given orally by the solicitor could qualify. This includes notes “to file” in which legal advice is quoted or discussed.909 The privilege does not attach to advice provided by someone who is not a lawyer; the advice must be sought from a professional legal advisor in his or her capacity as such.910 Where the communication itself, between client and solicitor, constitutes a criminal act, or counsels someone to commit a crime, the privilege will not apply.911 2. Does the communication entail the seeking or giving of legal advice? The scope of solicitor-client privilege is broad. It applies to all communications made with a view of obtaining legal advice.912 If a communication falls somewhere within the continuum of that necessary exchange of information, the object of which is the giving or receiving of legal advice, it is protected by solicitor-client privilege.913 Legal advice means a legal opinion about a legal issue, and a recommended course of action, based on legal considerations, regarding a matter with legal implications.914 The second part of the test is satisfied where the person seeking advice has a reasonable concern that a particular decision or course of action may have legal implications and turns to their legal advisor to determine what those legal implications might be.915 The privilege applies not only to the records that actually give the legal advice but also to those that seek it and that provide factual information relative to which the advice is sought.916 Background information can be included as part of the definition of legal advice because it forms part of the “continuum of communication” between a solicitor and his or her client.917 909 AB IPC Order 99-013 at [62] to [66]. 910 Solosky v. The Queen, [1980] 1 SCR 821, 1979 CanLII 9 (SCC). 911 Stevens v. Canada (Prime Minister), [1998] 4 FC 89, 1998 CanLII 9075 (FCA). 912 Leo v. Global Transportation Hub Authority, 2019 SKQB 150 (CanLII) at [67], Maranda v Richer, 2003 SCC 67, [2003] 3 CR 193. 913 Leo v. Global Transportation Hub Authority, 2019 SKQB 150 (CanLII) at [67], Canada (Public Safety and Emergency Preparedness) v Canada (Information Commissioner), 2013 FCA 104, 360 DLR (4th) 176; Redhead Equipment v Canada (Attorney General), 2016 SKCA 115, 402 DLR (4th) 649. 914 Definition originated from ON Order P-210 at p. 18. Adopted in SK OIPC Review Report F-2012-003 at [97]. Definition also adopted by AB IPC in Order 96-017. 915 AB IPC Order F2004-003 at [29]. 916 AB IPC Order F2004-003 at [31]. 917 AB IPC Order F2013-42 at [20].
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