Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 234 recognizes the need for accountability on the part of public bodies without impinging on their right to maintain confidentiality over privileged communications.826 LA FOIP does not provide for a burden of proof when waiver is claimed. Where an applicant has asserted that solicitor-client privilege has been waived, the applicant bears the burden of proving the privilege has been waived.827 IPC Findings In Review Report F-2005-002, the Commissioner considered whether the solicitor-client privilege had been waived. The Commissioner found that even where a government institution releases some documents, dissemination of some information related to a litigation does not constitute a waiver by the government institution’s privilege. As such, the Commissioner found that the Saskatchewan government had not waived its privilege. Process During a Review by IPC In the wake of The University of Saskatchewan v Saskatchewan (Information and Privacy Commissioner), 2018 SKCA 34, the IPC revised its procedures in relation to local authorities asserting solicitor-client privilege over responsive records. For more on the procedures see, Part 9: Solicitor-Client or Litigation Privilege in The Rules of Procedures. In addition, see the Commissioner’s blog, Solicitor-Client Privilege/Litigation Privilege. Ordering Production of Solicitor-Client Privileged Records Powers of commissioner 43(1) Notwithstanding any other Act or any privilege that is available at law, the commissioner may, in a review: (a) require to be produced and examine any record that is in the possession or under the control of a local authority; and (b) enter and inspect any premises occupied by a local authority. 826 BC IPC Order F15-09 at [20]. 827 SK OIPC Review Report F-2005-002 at [39].
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