Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 224 • Informer privilege: historically known as ‘police informer privilege,771 means the qualified privilege that a government can invoke to prevent disclosure of the identity and communications of its informants;772 • Labour relations privilege: is a privilege in the labour relations context. Four conditions should be satisfied in order for the privilege to be claimed for communications made within a confidential relationship: 1. The communications must originate in a confidence that they will not be disclosed. 2. This element of confidentiality must be essential to the full and satisfactory maintenance of the relations between the parties. 3. The relation must be one which in the opinion of the community ought to be sedulously fostered. 4. The injury that would inure to the relation by the disclosure of the communications must be greater than the benefit thereby gained for the correct disposal of the litigation.773 • Settlement privilege: a privilege that applies to the discussions leading up to a resolution of a dispute in the face of litigation. It promotes the settlement of lawsuits.774 The existence of the privilege is determined by a three-part test: 1. The existence or contemplation of a litigious dispute; 2. Communications that are made with the intention they remain confidential if negotiations failed; and 3. The purpose of the communications was to achieve a settlement.775 • Mediation privilege: is closely related to settlement privilege. Settlement relates, in the main, to discussions and negotiations leading up to the settlement of a dispute which culminate in a final settlement agreement. Mediation privilege, on the other hand, relates to steps taken to resolve a dispute, typically, outside a traditional court or 771 AB IPC Order 96-020 at [67]. 772 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1451. 773 CB, HK & RD v Canadian Union of Public Employees, Local No. 21, 2017 CanLII 68786 (SK LRB) at [40] to [42]. 774 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 201. 775 CB, HK & RD v Canadian Union of Public Employees, Local No. 21, 2017 CanLII 68786 (SK LRB) at [35].
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