Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 222 In Consumers’ Co-Operative Refineries Limited v. Regina (City), (2016), Justice Keene ruled that a Major Hazard Risk Assessment Report (MHRAR) qualified for section 20 of LA FOIP. In making this decision, Justice Keene considered that the MHRAR revealed specific parts of a refinery where the worst possible accidents could occur. Over disclosure of the information could be harmful to the public (i.e. nondisclosure of records can actually promote public safety in certain circumstances). Facilities such as nuclear power plants and refining complexes could be the target of attack, which could pose a public safety risk. As such, the provision was found to apply in the greater sense of the protection of the public. Section 21: Solicitor-Client Privilege Solicitor-client privilege 21 A head may refuse to give access to a record that: (a) contains any information that is subject to any privilege that is available at law, including solicitor-client privilege; (b) was prepared by or for legal counsel for the local authority in relation to a matter involving the provision of advice or other services by legal counsel; or (c) contains correspondence between legal counsel for the local authority and any other person in relation to a matter involving the provision of advice or other services by legal counsel. Section 21 of LA FOIP is a discretionary class-based provision. It is intended to protect records that contain: • Information subject to any privilege available at law, including solicitor-client privilege (21(a)); • Information that relates to the provision of legal advice or services and was prepared for specified individuals (21(b)); or • Information relating to the provision of legal advice or services contained in correspondence between specified individuals (21(c)).
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