39 Office of the Saskatchewan Information and Privacy Commissioner. The Rules of Procedure. Effective 1 Dec. 2018. Updated 16 Aug. 2023. Part 9: Solicitor-Client or Litigation Privilege This Part sets out the procedure to be followed when a head claims solicitor-client privilege or litigation privilege. 9-1 Claiming Solicitor-Client or Litigation Privilege (1) Where solicitor-client or litigation privilege is being claimed as an exemption by the head or delegate, the commissioner’s office will request the head or delegate to provide a copy of the records, or an affidavit of records, schedule and redacted record over which solicitor-client or litigation privilege is claimed setting out the elements requested in Form B. (2) Where the commissioner’s office has reasonable basis for seeking clarifying information on the face of the affidavit or schedule, the commissioner’s office will informally request such clarifying information, which the government institution, local authority or trustee may voluntarily provide without jeopardizing the privilege claimed. (3) If the affidavit of records and schedule over which solicitor-client or litigation privilege is claimed does not establish a prima facie case for solicitor-client or litigation privilege, and the commissioner has a reasonable basis for questioning the content of the affidavit, the commissioner may, exercising his formal powers, and only as necessary, request additional background information by affidavit or otherwise. (4) In rare cases, where the prima facie case for privilege is still not established, despite the informal and/or formal requests for additional information by the commissioner’s office, and only as absolutely necessary, will the commissioner order production of the records over which privilege is claimed in order to verify the claim in accordance with the commissioner’s statutory powers. (5) The commissioner’s office will not release any record, partial record, or affidavit of records and schedule over which solicitor-client or litigation privilege is claimed to the applicant, unless the head or delegate submitting the affidavit agrees that the record or affidavit, or a portion thereof, can be shared with the applicant.
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