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Latest Case from the Court of Appeal

February 10, 2022 - Ron Kruzeniski, Information and Privacy Commissioner

The Saskatchewan Court of Appeal has issued its decision in (West v Saskatchewan (Ministry of Health) 2022 SKCA 18. This was an appeal from a Court of Queen Bench decision  involving Mr. West and an access request to the Ministry of Health. The Court of Appeal considered sections 13(1)(b), 17(1)(a), 17(1)(b) and 22(a).

The Court held the Chambers judge erred in interpreting section 13(1)(b). The Court considered the implications of the requirement of confidentiality and the meaning of the word “obtains”. The Court was not persuaded that the Chambers judge committed an error in assessing the information considered under section 17(1)(a) and (b). Finally, the Court found no reason to disturb the Chambers judge’s conclusion regarding section 22 (solicitor-client privilege). I also note the Court of Appeal reviewed the general purpose and principles involved in The Freedom of Information and Protection of Privacy Act.

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