Julian Falconer of Falconers LLP represented the Schaeffer and Minty families in an Application against police officers involved in the death of their family members. The Application sought judicial interpretation of various provisions of the Police Services Act to determine whether the conduct of the involved police officers was consistent with the Police Services Act and the regulations passed pursuant to the Act. The Notice of Appeal from the ruling of the Divisional Court was filed with the Court of Appeal on July 19, 2010, and a hearing before the Court of Appeal was heard on September 7-9, 2011. The Court of Appeal released its ruling on November 15, 2011. On January 13, 2012, the Respondent Police Officers involved in the Schaeffer/Minty Application commenced an Application for leave to appeal the Court of Appeal’s decision to the Supreme Court of Canada. The appeal was heard by the Supreme Court of Canada on April 19, 2013, and was dismissed by the Court on December 19, 2013, confirming once and for all that officers are forbidden from communicating with lawyers until their notes are complete.
Listen to the Supreme Court Hearing
Press Advisory. December 19, 2013
Court Decisions
Supreme Court Decision. December 19, 2013
Supreme Court Judgment on Leave to Appeal. June 28, 2012
Court of Appeal Decision. November 15, 2011
Justice Low’s decision on the Respondents’ Motion to Strike. June 23, 2010
Supreme Court of Canada Documents
Supreme Court Decision. December 19, 2013
Court of Appeal Decision. November 15, 2011
Families’ Factum on Main Appeal. February 25, 2013
Families’ Factum on Cross Appeal. February 25, 2013
S.I.U.’s Factum on Main Appeal. February 1, 2013
S.I.U.’s Factum on Cross-Appeal. February 1, 2013
Officer’s Factum on Main Appeal. November 12, 2012
Officer’s Factum on Cross-Appeal. March 7, 2013
(Ret.) OPP Commissioner Fantino’s Factum. February 4, 2013
Supreme Court Judgment on Leave to Appeal. June 28, 2012
Notice of Application for Leave to Appeal. January 13, 2012
Families’ Memorandum of Fact and Law. March 13, 2012
Families’ Notice of Application for Leave to Cross-Appeal. March 13, 2012
SIU Director’s Memorandum of Argument. March 12, 2012
SIU Director’s Notice of Application for Leave to to Cross-Appeal. March 12, 2012
Police Officers’ Notice of Application for Leave to Appeal. January 13, 2012
Police Officers’ Memorandum of Fact and Law. January 13, 2012
In the News
Supreme Court of Canada rules against police in Schaeffer case Toronto Star, December 19, 2013
Schaeffer shooting issues head to appeal Peterborough This Week, September 3, 2011
Panel reserves decision on Levi Schaeffer family’s appeal, decision could take months The Peterborough Examiner
