Office of the Saskatchewan Information and Privacy Commissioner. A Guide to Submissions. Effective Sept. 2020. Updated Dec. 2022. 10 Solicitor-Client Privilege When you review the section 7 decision, you may see the public body claiming subsection 22(a) of FOIP (subsection 21(a) of LA FOIP). This indicates the public body is claiming solicitor-client privilege or litigation privilege. If correspondence is between the public body and its solicitor and involves legal advice, it is likely that the privilege may apply. If privilege applies, you can expect that you may not receive that type of correspondence. So, unless you can provide some information that shows the public body has made the correspondence public or waived privilege, you may not be successful. Chapter 4 of the Guide to FOIP and Chapter 4 of the Guide to LA FOIP provides the test that must be met by the public body if claiming subsection 22(a) of FOIP (subsection 21(a) of LA FOIP). Things you will be Required to Prove As an applicant, if you requested a review, there are certain grounds (outlined below) where you will be required to provide some facts in order to show that your request for review should succeed. Several examples are outlined below. i. An applicant is not satisfied that a reasonable fee was estimated pursuant to subsections 9(2) of FOIP or LA FOIP (subsection 49(1)(a.1) of FOIP or subsection 38(1)(a.1) of LA FOIP and subsection 42(1)(c) of HIPA). If the applicant is requesting a review on the grounds that the public body’s estimated fee was not reasonable, the applicant could provide some information that the fee was not calculated properly. The applicant should review the resource Steps to Charging Fees and Fee Estimate Quick Calculation Guide. Applicants should also see section 6 of the FOIP Regulations and section 5 of the LA FOIP Regulations. ii. An applicant believes that all or part of the fee estimated should be waived pursuant to subsections 9(5) of FOIP or LA FOIP (subsection 49(1)(a.2) of FOIP or subsection 38(1)(a.2) of LA FOIP). The FOIP Regulations provide: Waiver of fees 9(1) For the purposes of subsection 9(5) of the Act, the following circumstances are prescribed as circumstances in which a head may waive payment of fees:
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