Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 293 Agent means someone who is authorized to act for or in place of another.1016 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.1017 Any other person was an intentional and inclusive phrase to capture just that – any other person. The government institution must make it sufficiently clear, as to what the nature of that other person’s role in the correspondence was.1018 2. Does the correspondence relate to a matter that involves 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.1019 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.1020 Legal service includes any law-related service performed by a person engaged by a government institution and who is licenced to practice law.1021 The government institution should explain how the correspondence relates to a matter involving advice or other services provided by legal counsel. 1016 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 78. 1017 Modified from Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 154. 1018 AB IPC Interim Decision Order F2018-D-01/Order F2018-38 at [151]. 1019 Nowegijick v. The Queen, [1983] 1 SCR 29, 1983 CanLII 18 (SCC) at [39]. 1020 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. 1021 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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