Officers not entitled to consult with counsel before completing their notes

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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.

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