Session 42: The Role of the Crown part 2- Relationship with Police

On October 16, 2013 Assistant Crown Attorney Jason Neubauer and Deputy Crown Mark Moors discussed the role of the crown when dealing with police. 

topics covered included: 

  1. Giving legal advice to police: What are common topics about which police seek pre-charge legal advice from the Crown? What do you require from the police before giving a legal opinion? What is the best way to communicate a legal opinion? How to lawyer-client confidentiality and solicitor-client privilege apply to pre-charge legal advice given to police?
  2. The police officer as witness: How should police witnesses be interviewed? What disclosure obligations may arise from interviewing a police witness? What rules apply when a police officer is in the middle of giving evidence?
  3. Working with the investigating officer: How should you deal with the investigating officer regarding difficult or unmet disclosure requests? What is the role of the investigating officer during resolution discussions, witness preparation, and trial? What can you do if you encounter difficulties with the investigating officer?
  4. Working with police officers when there are allegations of Charter breaches or misconduct: How much or little should you tell police witnesses about Charter applications or other allegations of police misconduct? What are your responsibilities if you discover possible police misconduct during a trial?

This session was organized and facilitated by Matthew Geigen-Miller and accredited by the Law Society for CPD