Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 279 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. • The ability to ensure that only the particular facts relating to the case are revealed. 6. Any allegation of improper conduct by the executive branch towards a citizen.963 Common Interest Privilege Common interest privilege is a privilege that exists when records are provided among parties where several parties have a common interest in anticipated litigation;964 Disclosure of privileged information to outsiders generally constitutes as a waiver of privilege. However, if there is a sharing of information between parties where the parties have a sufficient “common interest”, then the privilege is preserved (or not waived). The following two-part test can be applied when determining if common interest privilege applies:965 1. Does the record contain information that is subject to any privilege that is available at law? The information at issue must be inherently privileged in that it must have arisen in such a way that it meets the definition of solicitor-client privilege under subsection 22(a) of FOIP. 2. Do the parties who share the information have a “common interest”, but not necessarily an identical interest, in the information? 963 Leeds v. Alberta (Minister of the Environment), 1990 CanLII 5933 (AB QB) at [25]. See also SK OIPC Review Report 171-2019 at [103] and AB IPC Order 96-020 at [79]. 964 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 199. 965 SK OIPC Review Report 298-2019 at [53]. This test was adapted from AB IPC’s two-part test in Order 97-009 and ON IPC’s Order PO-3154.
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