Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 267 their respective departments. Government lawyers who have spent years with a particular client department may be called upon to offer policy advice that has nothing to do with their legal training or expertise, but draws on departmental know-how. Advice given by lawyers on matters outside the solicitor-client relationship is not protected…Whether or not solicitor-client privilege attaches in any of these situations depends on the nature of the relationship, the subject matter of the advice and the circumstances in which it is sought and rendered.919 Not all communications between a lawyer and his or her client are privileged. For example, provision of purely business advice by in-house counsel or purely social interactions between counsel and their clients will not constitute privileged communications.920 Documents that are provided to a lawyer or “which simply come into the possession of a lawyer that are not related to the provision of legal advice are not privileged”.921 Documents do not become subject to solicitor-client privilege simply because they were provided to a lawyer.922 Not every record dropped off, funneled through or otherwise given to a government institution’s solicitor has been given in confidence for the purpose of giving or seeking legal advice. Just because a solicitor may have been involved is not enough to find that privilege applies to records.923 For example, copying the solicitor in emails does not automatically make them subject to solicitor-client privilege. 3. Did the parties intend for the communication to be treated confidentially? There must be an expectation on the part of the government institution that the communication will be confidential. “Not every aspect of relations between a lawyer and a client is necessarily confidential”.924 Conduct which is inconsistent with an expectation of confidentiality can constitute a waiver of privilege. Confidentiality is the sine qua non of 919 R. v Campbell, [1999] 1 SCR 565. 920 Canada (Information Commissioner) v. Canada (Public Safety and Emergency Preparedness), 2012 FC 877 (CanLII) at [17]. 921 Redhead Equipment v Canada (Attorney General), 2016 SKCA 115 (CanLII) at [33], citing General Accident Assurance Company v. Chrusz, 1999 CanLII 7320 (ON CA). 922 West v Saskatchewan (Health), 2020 SKQB 244 (CanLII) at [77]. 923 AB IPC Order 2000-019 at [38] to [39]. 924 Foster Wheeler Power Co. v. Société intermunicipale de gestion et d'élimination des déchets (SIGED) inc., [2004] 1 SCR 456, 2004 SCC 18 (CanLII) at [37].
RkJQdWJsaXNoZXIy MTgwMjYzOA==