Supreme Court


Officers not entitled to consult with counsel before completing their notes

Police officers subject to Special Investigations Unit investigations sought assistance of counsel in completing their notes. Court of Appeal found that officers had right to basic legal advice about their rights and obligation before completing notes. Appeal by officers dismissed and cross-appeal by SIU allowed. Purpose and legislative history of SIU regulations compel conclusion that police officers are not entitled to consult with counsel at all before completing their notes.

Schaeffer v. Wood (Dec. 19, 2013, S.C.C., McLachlin C.J.C., LeBel J., Fish J., Abella J., Rothstein J., Cromwell J., Moldaver J., Karakatsanis J., and Wagner J., File No. 34621) Decision at 98 W.C.B. (2d) 232 was reversed in part.  110 W.C.B. (2d) 786.

cover image


Subscribers get early and easy access to Law Times.

Law Times Poll

An Ontario lawyer says that solicitor-client privilege may be threatened by a master’s decision that barred him from representing his own firm in a dispute over a wrongful dismissal claim. Do you agree with the lawyer's assessment?