News Release
SIU Comments on the Supreme Court of Canada's Decision in Wood v. Schaeffer
Case Number: N/A
Mississauga (19 December, 2013) --- Today, the Supreme Court of Canada has ruled that police officers involved in SIU investigations are prohibited from consulting with lawyers prior to the preparation of their notes.
The case was launched in the wake of two fatal shootings in 2009 by OPP officers in separate incidents which were investigated by the SIU. The families in those cases went to court seeking a declaration that police officers involved in SIU incidents were not entitled to obtain legal assistance in the preparation of their notes. The SIU was a party to that litigation and supported the position that the legislative scheme did not permit officers to consult with lawyers prior to preparing their notes of an incident under investigation. In a majority decision issued this morning, the Supreme Court of Canada has affirmed that position.
Writing for the majority, Justice Moldaver observed, “Permitting consultation with counsel before notes are prepared runs the risk that the focus of the notes will shift away from the officer’s public duty toward his or her private interest in justifying what has taken place. This shift would not be in accordance with the officer’s duty.” (para. 8)
SIU Director Tony Loparco commented, “The SIU respects and welcomes the decision by the Supreme Court of Canada. I am confident that the clarity the Court has brought to this contentious issue will be of benefit to all parties involved in SIU investigations. It will without question contribute, as the Court suggests, ‘to maintaining public confidence in the police and the justice system as a whole.’ The decision will better assist the SIU in conducting investigations in an independent and transparent fashion.”
The SIU is an independent government agency that investigates the conduct of officials (police officers as well as special constables with the Niagara Parks Commission and peace officers with the Legislative Protective Service) that may have resulted in death, serious injury, sexual assault and/or the discharge of a firearm at a person. All investigations are conducted by SIU investigators who are civilians. Under the Special Investigations Unit Act, the Director of the SIU must
- consider whether the official has committed a criminal offence in connection with the incident under investigation
- depending on the evidence, cause a criminal charge to be laid against the official where grounds exist for doing so, or close the file without any charges being laid
- publicly report the results of its investigations