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March 20, 1997
Wendy Stephen
President, BC Crown Counsel Association
Regional Crown Counsel Office
The Law Courts, Begbie Square
651 Carnarvon Street
New Westminster, BC V3M 1C9
Dear Ms. Stephen:
Re: Indemnity
As a result of recent discussions with the Crown Counsel Association
and the Legal Services Branch, I confirm that:
- Indemnity protection for Crown Counsel is that which is applicable
to excluded management employees. I am attaching section 119 of the
consolidated Terms and Conditions for Excluded Management Employees,
which specifically addresses indemnity protection.
- Given the serious issues that arise from civil malicious prosecution
suits brought against Crown Counsel acting in good faith and in the
course of employment, it is appropriate that in such cases senior counsel
be assigned to represent the interests of Crown Counsel and the Crown.
Therefore, in such cases senior counsel will be appointed by the Legal
Services Branch from a list agreed to by the Crown Counsel Association,
the Legal Services Branch and the Criminal Justice Branch following
consultation with the Crown Counsel being sued and the Criminal Justice
Branch. Counsel so appointed will represent the interests of both Crown
Counsel and the Crown.
- Given the requirements of both the Attorney General Act, and section
119 of the Terms and Conditions, and because the Attorney General and
the Crown will normally be named in the suits, it is necessary that
counsel be retained by the Legal Services Branch. If any conflict arises
between the interests of Crown Counsel and the interests of the Attorney
General or Government, including consideration of appeals, separate
counsel will be appointed to represent their respective interests.
- A copy of the list may be obtained from any Director of the Crown
Counsel Association or Branch Management Committee member or Deputy
Regional Crown Counsel.
- Where ad hoc counsel is appointed pursuant to the above noted procedure,
the Criminal Justice Branch will assume the costs of counsel.
- This practice will continue for all new civil malicious prosecution
suits requiring appointment of counsel until March 31, 1998. In February
1998, designated representatives from the Crown Counsel Association,
Branch Management Committee, and the Legal Services Branch will review
the results of the practice outlined above and make recommendations
whether it should be extended.
Yours truly,
Ernie Quantz
Assistant Deputy Attorney General
Criminal Justice Branch
Agreement
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