Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 282 limited to those which are necessary for legislative bodies to fulfill their constitutional functions.968 The reach of inherent privilege extends only so far as is “necessary to protect legislators in the discharge of their legislative and deliberative functions, and the legislative assembly’s work in holding the government to account for the conduct of the country’s business”.969 In order to fall within the scope of legislative privilege, the matter at issue must meet the necessity test. The test requires that to qualify it must be “so closely and directly connected with the fulfillment by the assembly or its members of their functions as a legislative and deliberative body…that outside interference would undermine the level of autonomy required to enable the assembly and its members to do their work with dignity and efficiency”.970 Examples of areas previously considered subject to legislative privilege include: • Immunity of members of the legislative assembly for their speech insofar as it relates to their mandate. • The legislative assembly’s autonomy in controlling its debates or proceedings. • Its power to exclude strangers from proceedings. • Immunity of members from subpoenas during a legislative session. • Its authority to discipline its members as well as non-members who interfere with the discharge of legislative duties.971 The party seeking to rely on legislative privilege bears the burden of proof in establishing its necessity. It must demonstrate that the scope of the protection it claims is necessary in light of the purposes of legislative privilege.972 968 Chagnon v. Syndicat de la fonction publique et parapublique du Québec, [2018] 2 SCR 687, 2018 SCC 39 (CanLII) at [1] and [2]. 969 Chagnon v. Syndicat de la fonction publique et parapublique du Québec, [2018] 2 SCR 687, 2018 SCC 39 (CanLII) at [27] referencing Canada (House of Commons) v. Vaid, 2005 SCC 30 (CanLII), [2005] 1 S.C.R. 667 at [41]. 970 Chagnon v. Syndicat de la fonction publique et parapublique du Québec, [2018] 2 SCR 687, 2018 SCC 39 (CanLII) at [29] referencing Canada (House of Commons) v. Vaid, 2005 SCC 30 (CanLII), [2005] 1 S.C.R. 667 at [46]. 971 Chagnon v. Syndicat de la fonction publique et parapublique du Québec, [2018] 2 SCR 687, 2018 SCC 39 (CanLII) at [31] referencing Canada (House of Commons) v. Vaid, 2005 SCC 30 (CanLII), [2005] 1 S.C.R. 667 at [29(10)]. 972 Chagnon v. Syndicat de la fonction publique et parapublique du Québec, [2018] 2 SCR 687, 2018 SCC 39 (CanLII) at [32].
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