Author: Alice Woolley Page 9 of 20

LL.M. (Yale), LL.B. (Toronto), B.A. (Toronto).
Professor. Member of the Alberta Bar.
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By Alice Woolley

PDF Version: The Supreme Court (sort of) Thinks About Lawyers as Advisors

Case commented on: Wood v Schaeffer, 2013 SCC 71

When police officers in Ontario kill or injure someone in the course of their duties, the Special Investigations Unit (SIU) investigates their conduct. The government created the civilian SIU to avoid the problems – both real and perceived – in the investigation of police officers by police officers. The creation of the SIU does not, however, eliminate the complexity of investigating alleged crimes by police. The Supreme Court of Canada addressed one of these complexities in its recent decision in Wood v Schaeffer, 2013 SCC 71: how does a police officer’s regular duty to make notes during an investigation operate when the officer may him or herself become a subject of, or direct witness to, the matters investigated? In particular, what opportunity ought a police officer have to consult counsel when preparing notes in those circumstances?

The Top Ten Canadian Legal Ethics Stories – 2013

By Alice Woolley

On January 3, 2014

In Ethics and the Legal Profession

By Alice Woolley

PDF Version: The Top Ten Canadian Legal Ethics Stories – 2013

Once again John Steele at Legal Ethics Forum has compiled his list of the top ten ethics stories of 2013 (here). As was the case last year, his list has inspired me to think about the top ten ethics stories in Canada (2012 is here). On reviewing last year’s list it is clear that a number of the stories of significance in 2012 remained important this year. As well, legal ethics in Canada continues to develop as a matter of practical and intellectual significance, with practitioners, judges, regulators and academics paying attention to the conduct and regulation of lawyers and judges.

Douglas Inquiry Committee Resigns

By Alice Woolley

On November 27, 2013

In Ethics and the Legal Profession

PDF Version: Douglas Inquiry Committee Resigns

Decision commented on: Inquiry Committee concerning the Hon. Lori Douglas, Reasons For Resignation of the Inquiry Committee (November 20, 2013)

In a stunning development, the Inquiry Committee charged with investigating the conduct of the Hon. Lori Douglas, chaired by Chief Justice Catherine Fraser of the Alberta Court of Appeal, has resigned en masse. Associate Chief Justice Douglas was investigated by the Canadian Judicial Council in relation both to her conduct prior to her judicial appointment and to her disclosures during the appointment process. The Inquiry Committee was additionally charged with considering her conduct during the Canadian Judicial Council’s investigation, and in particular allegations that she interfered with the investigation. (For a previous discussion of this case on ABlawg see here).

Client Rights and Lawyers’ Files

By Alice Woolley

On November 5, 2013

In Ethics and the Legal Profession, Property

PDF Version: Client Rights and Lawyers’ Files

Case commented on: Royal Bank of Canada v Kaddoura, 2013 ABQB 630

In a recent decision, Master Prowse held that a client who sues a lawyer may obtain production of documents from the files of other clients of the lawyer. The production of specific documents may be resisted on the basis of solicitor-client privilege. Master Prowse did not, however, impose any requirement that those clients be given notice of the production of documents from their files, did not consider whether the documents contain confidential (as opposed to privileged) information, whether the documents are properly considered to be in the “control” of the lawyer, or assessment of the risk of prejudice to the legal interests of those clients from disclosure. In short, the judgment appeared to give no weight or consideration to those clients. This result is unfortunate, and inconsistent with the usual respect afforded to the confidentiality of lawyer-client communications.

Lawyers Who Write Bogus Demand Letters: The Freemen in Our Midst?

By Alice Woolley

On October 30, 2013

In Ethics and the Legal Profession, Vexatious Litigants

PDF Version: Lawyers Who Write Bogus Demand Letters: The Freemen in Our Midst?

The phenomenon of organized pseudo-legal commercial arguments (OPCA) being used to advance claims not recognized by law has received a great deal of attention in the past year. From last year’s judgment of Associate Chief Justice Rooke in Meads v Meads, 2012 ABQB 571 [Meads], to the recent occupation of a Calgary apartment by a Freeman-of-the-land who claimed it as an “embassy”, OPCA litigants have disrupted the functioning of the legal system while attracting public attention and interest. In this column I argue that the defining indicia of OPCA are also present in the activities of some lawyers; specifically, in lawyers sending out demand letters based on spurious claims in the hope of extracting funds because of the fear and ignorance of those who receive them. I will further argue that our failure to address that conduct undermines our moral authority to challenge OPCA litigants and, worse, may contribute to a cultural climate of skepticism about the law’s legitimacy and authority, which helps OPCA to flourish.