Disclosure to Lawyers

Lawyers for the Parent/Guardian or a Third Party

Lawyers have no right to access personal information of a student unless they have consent from the student or parent to do so.

Such consent should always be obtained in writing and be kept with the student file. A clear notation should be made of the information that was disclosed pursuant to the request.

Written consent should also be obtained before sharing any information verbally with a lawyer.

There is no requirement to prepare reports at the request of lawyers or to sign affidavits. Such requests should be carefully considered and only agreed to when it is clearly in the best interests of the child. It is advised that legal advice be sought before doing so. In most cases it is not advisable for the teacher or school to be perceived as having taken one side or another in a legal action.

Lawyers for the Board of Education

Section 28(2)(d) of LAFOIP provides that personal information can be disclosed to legal counsel for the purposes of enforcing any legal rights that the board of education has against any individual. In the case of students this usually occurs when a student makes a claim against the school division for injuries suffered at a school activity. In such cases the lawyers appointed by the insurer will be acting for the school division and any information they require can be disclosed to them.

There is also a provision under section 28(2)(c) of LAFOIP which allows the disclosure of information to the Attorney General of Saskatchewan or to his or her legal counsel for use in providing legal services to the Government of Saskatchewan or to a government institution. If such a request is made to the school division it would be advisable to consult its own legal counsel before disclosing any information.