Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 223 Subsection 21(a) 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; Subsection 21(a) of LA FOIP is a discretionary, class-based exemption. It permits refusal of access in situations where a record contains information that is subject to any legal privilege, including solicitor-client privilege. Including means that the list of information that follows is not complete (non-exhaustive). The example in the provision is the type of information that could be presumed to qualify as a “privilege available at law”.767 Amendments were made to this subsection effective January 1, 2018. The change was the inclusion of the phrase “any privilege that is available at law”. The exemption previously only considered solicitor-client privilege. Privilege is a special right, exemption, or immunity granted to a person or class of persons.768 There are several types of privilege. The exemption can include, but is not limited to:769 • Solicitor-client privilege (see below). • Litigation privilege (see below). • Legislative privilege (see below). • Case-by-case privilege (see below). • Common interest privilege: a privilege that exists when records are provided among parties where several parties have a common interest in anticipated litigation.770 767 British Columbia Government Services, FOIPPA Policy and Procedures Manual at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/cabinet-local-public-body-confidences. Accessed June 26, 2019. Definition of “including” as included in SK OIPC Guide to FOIP, Chapter 4 – Exemptions from the Right of Access, for subsections 16(1), 17(1)(g) and 24(1) of FOIP. 768 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1449. 769 List of examples originates from Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 197. 770 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 199.
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