Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 257 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.873 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 phrase “in respect of” is probably the widest of any expression intended to convey some connection between two related subject-matters.874 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.875 Legal service includes any law-related service performed by a person engaged by the local authority and who is licensed to practice law.876 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. 873 Originated from AB IPC Order F2008-021 at [110] and [111]. Adopted in SK OIPC Review Report LA2014-003 at [17]. 874 Nowegijick v. The Queen, [1983] 1 SCR 29, 1983 CanLII 18 (SCC) at [39]. 875 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. 876 Definition originated from AB IPC Order 96-017 at [37]. Adopted in SK OIPC Review Report F-2012003 at [96]
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