Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 250 phrase “in respect of” is probably the widest of any expression intended to convey some connection between two related subject-matters.872 Legal advice includes a legal opinion about a legal issue, and a recommended course of action, based on legal considerations, regarding a matter with legal implications.873 Legal service includes any law-related service performed by a person licenced engaged by the local authority and who is licensed to practice law.874 The local authority should explain how the record relates to a matter involving legal advice or legal services provided by its legal counsel. Subsection 21(c) Solicitor-client privilege 21 A head may refuse to give access to a record that: … (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. Subsection 21(c) of LA FOIP is a discretionary class-based exemption. It permits refusal of access in situations where a record contains correspondence between the local authority’s legal counsel and any other person in relation to a matter that involves the provision of advice or services by legal counsel. This provision is broader in scope than subsection 21(a) of LA FOIP. Subsection 21(c) of LA FOIP is intended to allow parties to correspond freely in relation to matters about which they need to speak in order to allow the lawyer’s advice or services to be provided.875 The following two-part test can be applied: 872 Nowegijick v. The Queen, [1983] 1 SCR 29, 1983 CanLII 18 (SCC) at [39]. 873 Definition originated from ON Order P-210 at p. 18. Adopted in SK OIPC Review Report F-2012-003 at [97]. Definition also adopted by AB IPC in Order 96-017. 874 Definition originated from AB IPC Order 96-017 at [37]. Adopted in SK OIPC Review Report F-2012003 at [96] 875 AB IPC Interim Decision Order F2018-D-01/Order F2018-38 at [153].
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