Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 247 of opinions obtained by one of them to the others within the group, even in circumstances where no litigation is in existence or contemplated. [Emphasis added] IPC Findings In Review Report 298-2019, the Commissioner considered common interest privilege. The Saskatoon Board of Police Commissioners (Board) asserted that common interest privilege applied. Upon review, the Commissioner established the two-part test and found that there was a common interest privilege between the Board and the Saskatoon Police Service members. Furtherore, that the sharing of the records did not constitute a waiver of the solicitor-client privilege that applied to the records. Litigation Privilege Litigation privilege is the non-disclosure protection imposed on documents and/or records, which come into existence after litigation commenced or in contemplation, and where they have been made with a view to such litigation.839 The purpose of litigation privilege is to create a “zone of privacy” in relation to pending or apprehended litigation.840 To achieve its purpose, parties to litigation, represented or not, must be left to prepare their contending positions in private, without adversarial interference and without fear of premature disclosure.841 Conceptually distinct from solicitor-client privilege, litigation privilege differs in at least three respects: i) Solicitor-client privilege protects a relationship, litigation privilege protects the efficacy of the adversarial process; ii) Solicitor-client privilege is permanent; litigation privilege is time-limited, and expires with the end of the litigation in question; and 839 Duhaime’s Law Dictionary, available at http://www.duhaime.org/LegalDictionary/L-Page1.aspx. Accessed September 20, 2019. 840 Blank v. Canada (Minister of Justice), [2006] 2 SCR 319, 2006 SCC 39 (CanLII) at [34]. 841 Blank v. Canada (Minister of Justice), [2006] 2 SCR 319, 2006 SCC 39 (CanLII) at [27].
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