The Ethics of Police Law: Schaeffer/Wood and Other Ethical Issues
William Smart, Q.C.
Hunter Litigation Chambers
Bradford Smith Law Corp.
Michael Tammen Law Corporation
- Implications of Schaeffer at the SCC
- The public vs. private interests of officers when it comes to obtaining legal advice
- Subsequent developments at Ontario’s Divisional Court
- The response of law societies in various provinces
Joint retainers and the duty of candour
- When candour can lead to collusion or its appearance
- Conflicts between the ethical duty of lawyers and the public/ statutory duty of officers
- Cost implications for unions
- Can a lawyer represent the chief and an officer in for example an appeal proceeding?
- Can in-house counsel represent the chief sometimes and members sometimes? On different occasions?
- What about defending police officers and challenging a force as part of a criminal defence?
- The role of counsel for subject officers in IIO and similar
- Balancing protecting the client’s individual interest vs. public duty
- The role of counsel when attending at interviews with police officers
- The role of in-house counsel
- When a chief of police or oversight agency is not satisfying disclosure obligations
- Advising on inherent conflicts of interest, such as a chief investigating alleged misconduct for which the force may have vicarious liability