Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 249 Subsection 21(b) Solicitor-client privilege 21 A head may refuse to give access to a record that: … (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; Subsection 21(b) of LA FOIP is a discretionary, class-based exemption. It permits refusal of access in situations where a record was prepared by or for legal counsel for a local authority in relation to the provision of advice or services by legal counsel. This provision is broader in scope than subsection 21(a) of LA FOIP. The following two-part test can be applied: 1. Were the records “prepared by or for” legal counsel for a local authority? The record must be “prepared”, as the term is understood, in relation to the advice or services or compiled or created for the purpose of providing the advice or services. Prepared means to be made ready for use or consideration.870 By or for means the person preparing the record must be either the person providing the legal advice or legal service or a person who is preparing the record in question on behalf of, or, for the use of, the provider of legal advice or legal related services.871 2. Were the records prepared in relation to a matter involving the provision of advice or other services by legal counsel? In relation to has been found to have a similar meaning as “in respect of”. It was considered in Nowegijick v. The Queen: The words “in respect of” are, in my opinion, words of the widest possible scope. They import such meanings as “in relation to”, “with reference to” or “in connection with”. The 870 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 1129 (Oxford University Press). 871 Originated from AB IPC Order F2008-021 at [110] and [111]. Adopted in SK OIPC Review Report LA2014-003 at [17].
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