This appeal and cross-appeal addressed whether Ontario’s SIU framework permits police officers involved in fatal incidents to consult counsel before completing duty notes.
The majority held the regulatory scheme does not permit consultation with counsel at the note-making stage, emphasizing transparency, public confidence, legislative history, and the duty to prepare independent, complete notes.
It rejected even limited pre-note legal consultation as inconsistent with the scheme’s objectives, while confirming officers may consult counsel after filing notes.
The cross-appeal was allowed, overturning the Court of Appeal’s allowance of basic legal advice prior to notes.
Dissenting reasons on cross-appeal would have preserved a narrow right to basic legal advice that excluded drafting assistance.
