Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 229 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)). 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.
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