Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 293 phrase “in respect of” is probably the widest of any expression intended to convey some connection between two related subject-matters.1010 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.1011 Legal service includes any law-related service performed by a person engaged by a government institution and who is licenced to practice law.1012 The government institution should explain how the record relates to a matter involving legal advice or legal services provided by its legal counsel. Subsection 22(c) Solicitor-client privilege 22 A head may refuse to give access to a record that: … (c) contains correspondence between an agent of the Attorney General for Saskatchewan or legal counsel for a government institution and any other person in relation to a matter involving the provision of advice or other services by the agent or legal counsel. Subsection 22(c) of FOIP is a discretionary class-based exemption. It permits refusal of access in situations where a record contains correspondence between the government institution’s legal counsel (or an agent of the Attorney General) and any other person in relation to a matter that involves 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) of FOIP. Subsection 22(c) of FOIP is intended to allow parties to correspond freely in relation to matters about which they need to speak in order to allow the lawyer’s advice or services to be provided.1013 1010 Nowegijick v. The Queen, [1983] 1 SCR 29, 1983 CanLII 18 (SCC) at [39]. 1011 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. 1012 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]. 1013 AB IPC Interim Decision Order F2018-D-01/Order F2018-38 at [153].
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