What is the difference between an affidavit and a transcript?

The words quoted emphasize any difference between the affidavit and the transcript. They do so by saying that the Government must meet the tests for both types of privilege (litigation privilege, legal advice privilege). As noted, that double hurdle is incorrect. The last sentence quoted resembles one sentence in Nova v. Guelph, supra (p. 186 Alta. L.R. (2d)). But the chambers judge made the sentence negative; the sentence in Nova v. Guelph is positive. After that change, logic may require that the word "and" emphasized above, change to "or". Here it must change. Litigation or legal advice suffices. In any event, Nova v. Guelph was about combining privileged and non-privileged purposes. It did not purport to list privileged purposes, still less to distinguish among them.