Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 283 Legislative privilege does not apply to the management of security guards. The privilege to exclude strangers does not protect the decision to dismiss employees.973 Litigation Privilege Litigation privilege is the non-disclosure protection imposed on documents and/or records, which come into existence after litigation commenced or in contemplation, and where they have been made with a view to such litigation.974 The purpose of litigation privilege is to create a “zone of privacy” in relation to pending or apprehended litigation.975 To achieve its purpose, parties to litigation, represented or not, must be left to prepare their contending positions in private, without adversarial interference and without fear of premature disclosure.976 Conceptually distinct from solicitor-client privilege, litigation privilege differs in at least three respects: 1. Solicitor-client privilege protects a relationship, litigation privilege protects the efficacy of the adversarial process; 2. Solicitor-client privilege is permanent; litigation privilege is time-limited and expires with the end of the litigation in question; and 3. Unlike solicitor-client privilege, litigation privilege applies to unrepresented parties and non-confidential documents.977 973 Chagnon v. Syndicat de la fonction publique et parapublique du Québec, [2018] 2 SCR 687, 2018 SCC 39 (CanLII) at [51] and [57]. 974 Duhaime’s Law Dictionary, available at http://www.duhaime.org/LegalDictionary/L-Page1.aspx. Accessed September 20, 2019. 975 Blank v. Canada (Minister of Justice), [2006] 2 SCR 319, 2006 SCC 39 (CanLII) at [34]. 976 Blank v. Canada (Minister of Justice), [2006] 2 SCR 319, 2006 SCC 39 (CanLII) at [27]. 977 Britto v University of Saskatchewan, 2018 SKQB 92 (CanLII) at [66], R v Husky Energy Inc., 2017 SKQB 383 at [22], Lizotte v Aviva Insurance Company of Canada, 2016 SCC 52, [2016] 2 SCR 521, Blank v. Canada (Minister of Justice), [2006] 2 SCR 319, 2006 SCC 39 (CanLII).
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