Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 277 conditions necessary to the establishment of a privilege against the disclosure of communications are: 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 relation between the parties; 3. The relation must be one which in the opinion of the community ought to be sedulously fostered; and 4. The injury that would inure to the relation by the disclosure of the communications must be greater than the benefit thereby gained for the correct disposal of litigation.961 Public interest immunity - If the records are Crown records, the criteria for public interest immunity should be applied. The Crown must put forth a proper claim based on the criteria for public interest immunity. The criteria are as follows: 1. The nature of the policy concerned 2. The particular contents of the documents 3. The level of the decision-making process 4. The time when a document or information is to be revealed 5. The importance of producing the documents in the administration of justice, with particular consideration to: • The importance of the case. • The need or desirability of producing the documents to ensure that it can be adequately and fairly represented. 961 Slavutych v. Baker et al., 1975 CanLII 5 (SCC), [1976] 1 SCR 254 at p. 260. Cited in SK OIPC Review Report 171-2019 at [103]. See also AB IPC Order 96-020 at [76].
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