Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 278 Crown records are records containing information relating to government activities or operations, and decisions at the highest level of government.960 When determining whether records are private records or Crown records, what matters is whose information it is, not necessarily who is in possession of the records.961 Wigmore test is a four-part test set out by Wigmore in Evidence in Trials at Common Law, Vol. 8 (McNaughton rev.) (Boston: Little, Brown & Co, 1961), and adopted by the Supreme Court of Canada in Slavutych v. Baker et al., 1975 CanLII 5 (SCC), [1976] 1 SCR 254. If the records are private records, the Wigmore test should be applied. The four fundamental 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.962 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 960 AB IPC Order 96-020 at [77]. Cited in SK OIPC Review Report 171-2019 at [106]. 961 AB IPC Order 96-020 at [83]. See also SK OIPC Review Report 171-2019 at [104]. 962 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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