Guide to LA FOIP-Chapter 4

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 254 o Sufficient detail to identify the document and allow the Commissioner to determine whether a prima facie case for the claim of litigation privilege has been made. It should include:  A description of the litigation.  The dates of the litigation.  A description of the party to whom the correspondence is written to, or received from, or at least a description of the role of the party (such as medical expert, potential witness, client.)  A description of an enclosure where relevant.  Some particulars as to the purpose of the document.863 For more on what the Commissioner requires, see Part 9: Solicitor-Client or Litigation Privilege in the Rules of Procedure. If the local authority provides less than what is needed for a prima facie case to be met, the Commissioner may request additional details. If the local authority fails to provide the additional details, the Commissioner may do one or both of the following, pursuant to subsection 43(2) of LA FOIP: • Summon and enforce the appearance of any person, including employees of a government institution, before the Commissioner and compel them to give oral and/or written evidence under oath or affirmation and produce any documents required. • Seek an order from the Court of King’s Bench for production of the records from the local authority. 863 Gichuru v. British Columbia (Information and Privacy Commissioner), 2014 BCCA 259 (CanLII) at [43].

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