Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 290 3. Was the purpose of the communications to achieve a settlement? The context and the substance of the communications can assist in this determination. Subsection 22(b) Solicitor-client privilege 22 A head may refuse to give access to a record that: … (b) was prepared by or for an agent of the Attorney General for Saskatchewan or legal counsel for a government institution in relation to a matter involving the provision of advice or other services by the agent or legal counsel; Subsection 22(b) is a discretionary, class-based exemption. It permits refusal of access in situations where a record was prepared by or for legal counsel (or an agent of the Attorney General) for a government institution in relation to the provision of advice or services by legal counsel (or an agent of the Attorney General). This provision is broader in scope than subsection 22(a). The following two-part test can be applied: 1. Were the records “prepared by or for” an agent or legal counsel for a government institution? The record must be “prepared”, as the term is understood, in relation to the advice or services or compiled or created for the purpose of providing the advice or services. Prepared means to be made ready for use or consideration.1005 By or for means the person preparing the record must be either the person providing the legal advice or legal service or a person who is preparing the record in question on behalf of, or, for the use of, the provider of legal advice or legal related services.1006 An agent of the Attorney General for Saskatchewan can include public prosecutions at the Ministry of Justice.1007 1005 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1129. 1006 Originated from AB IPC Order F2008-021 at [110] and [111]. Adopted in SK OIPC Review Report LA-2014-003 at [17]. 1007 SK OIPC Review Report F-2012-006 at [111].
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