Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 285 Process During a Review by IPC In the wake of The University of Saskatchewan v Saskatchewan (Information and Privacy Commissioner), 2018 SKCA 34, the IPC revised its procedures in relation to government institutions asserting litigation privilege over responsive records. For more on the procedures see, Part 9: Solicitor-Client or Litigation Privilege in The Rules of Procedures. In addition, see the Commissioner’s blog, Solicitor-Client Privilege/Litigation Privilege. Ordering Production of Litigation Privileged Records Powers of commissioner 54(1) Notwithstanding any other Act or any privilege that is available at law, the commissioner may, in a review: (a) require to be produced and examine any record that is in the possession or under the control of a government institution; and (b) enter and inspect any premises occupied by a government institution. (2) For the purposes of conducting a review, the commissioner may summon and enforce the appearance of persons before the commissioner and compel them: (a) to give oral or written evidence on oath or affirmation; and (b) to produce any document or things; that the commissioner considers necessary for a full review, in the same manner and to the same extent as the court. (3) For the purposes of subsection (2), the commissioner may administer an oath or affirmation. In Descôteaux et al. v. Mierzwinski, 1982 CanLII 22 (SCC), [1982] 1 SCR 860, Lamer J., on behalf of a unanimous Court, formulated four substantive rules to apply when communications between solicitor and client are likely to be disclosed without the client’s consent. The third substantive rule is relevant for the topic of production of solicitor-client or litigation records in an IPC Review. Rule number three reads as follows:
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