Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 291 Attorney General, in this context, is the chief law officer of Saskatchewan responsible for advising the government on legal matters and representing it in litigation.1008 For FOIP, a government institution can capture any government institution and not just the one applying the exemption (i.e. by the use of “a” government institution rather than “the”). 2. Were the records prepared in relation to a matter involving the provision of advice or other services by the agent or legal counsel? In relation to has been found to have a similar meaning as “in respect of”. It was considered in Nowegijick v. The Queen: The words “in respect of” are, in my opinion, words of the widest possible scope. They import such meanings as “in relation to”, “with reference to” or “in connection with”. The phrase “in respect of” is probably the widest of any expression intended to convey some connection between two related subject-matters.1009 Legal advice includes a legal opinion about a legal issue, and a recommended course of action, based on legal considerations, regarding a matter with legal implications.1010 Legal service includes any law-related service performed by a person engaged by a government institution and who is licenced to practice law.1011 The government institution should explain how the record relates to a matter involving legal advice or legal services provided by its legal counsel. 1008 Modified from Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 154. 1009 Nowegijick v. The Queen, [1983] 1 SCR 29, 1983 CanLII 18 (SCC) at [39]. 1010 Definition originated from ON Order P-210 at p. 18. Adopted in SK OIPC Review Report F-2012003 at [97]. Definition also adopted by AB IPC in Order 96-017. 1011 Definition originated from AB IPC Order 96-017 at [37]. Adopted in SK OIPC Review Report F-2012003 at [96]. Adjusted to include “engaged by a government institution” in Review Report 171-2019 at [119].
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