Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 277 The recipient of the record. Whether the record is an original or copy.955 For more on what the Commissioner requires, see Part 9: Solicitor-Client or Litigation Privilege in the Rules of Procedure. If the government institution provides less than what is needed for a prima facie case to be met, the Commissioner may request additional details. If the government institution fails to provide the additional details, the Commissioner may do one or both of the following, pursuant to subsection 54(2) of FOIP: • Summon and enforce the appearance of any person, including employees of a government institution, before the Commissioner and compel them to give oral and/or written evidence under oath or affirmation and produce any documents required. • Seek an order from the Court of King’s Bench for production of the records from the government institution. Case-by-Case Privilege Case-by-case privilege is a privilege found by a decision-maker to exist for information in a particular case.956 In each case, the decision-maker must determine whether the public interest favours disclosure or non-disclosure of the record.957 In order to determine if case-by-case privilege applies, the government institution must determine if the records at issue are “private records” or “Crown records”. If the records at issue are “private records, one must apply the Wigmore test to determine if the case-by-case privilege applies. If the records at issue are “Crown records”, then one must apply the criteria for public interest immunity.958 Private records are third party records not in the hands of the Crown.959 955 University of Saskatchewan v Saskatchewan (Information and Privacy Commissioner), 2018 SKCA 34 (CanLII) at [75], [76] and [82]. 956 AB IPC Order 96-020 at [60]. 957 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 200. 958 SK OIPC Review Report 171-2019 at [102] to [109]. 959 AB IPC Order 96-020 at [74]. Cited in SK OIPC Review Report 171-2019 at [106].
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