Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 286 in nature. Litigation encompasses the continuum from the filing of the grievance to the arbitration hearing.990 IPC Findings In Review Report 005-2017, 214-2015 – Part II, the Commissioner considered litigation privilege. The Saskatchewan Health Authority (SHA) asserted that litigation privilege applied to some of the records requested. Upon review, the Commissioner found that the records were prepared for the purpose of litigation and that litigation was ongoing between the SHA and the applicant. 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 990 BC IPC Orders F11-29 at [13] to [14] and F15-12 at [52] to [53].
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