With the recent stay of the charges against six former drug squad members, there has been much speculation about whether the City will be paying their legal fees. Since this matter is currently before the Courts, I will not comment upon it.
However, I can provide background information about paying officers’ legal fees.
First, it is not a matter for the City at all. It is a matter for the Police Services Board and the police association.
In the Police Services Act, the Province has recognized the issue by stating in section 50:
“(2) The board may, in accordance with the guidelines established under clause 21 (1) )h), indemnify a member of the police force for reasonable legal costs incurred,
(a) in the defence of a civil action, if the member is not found to be liable;
(b) in the defence of a criminal prosecution, if the member is found not guilty;
(c) in respect of any other proceeding in which the member’s manner of execution of the duties of his or her employment was an issue, of the member is found to have acted in good faith.”
Our collective agreement with the Police Association has more detailed
provisions. These state, in part:
“23:01 (a) Subject to other provisions of this Article, a member charged with but not found guilty of a criminal or statutory offence, because of acts done in the attempted performance in good faith of his/her duties as a police officer, shall be indemnified for the necessary and reasonable legal costs incurred by the member during the investigation of the incident that resulted in those charges being laid and for the necessary and reasonable legal costs incurred by the member in the defence of such charges.
23:02 Notwithstanding paragraphs 23:01 (a), (b) and (c), the Board may refuse payment otherwise authorized under paragraph 23:01 (a), (b) or (c) where the actions of the member from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of his/her powers as a police officer.”
It comes as no surprise that, from time to time, police officers are charged with criminal or traffic offences arising from events that occur in the course of their duty. The circumstances vary widely as to the reasons for the charge.
After charges have been dealt with in the Courts and if the member is not found guilty, the Association usually makes an application to the Board to request that the Board pay the legal fees of the officer. The application is considered based upon the facts of the matter and the language of the collective agreement.
The essential features are that the officer was not found guilty and that his or her actions that gave rise to the charges were in the attempted performance in good faith of their duties. The member’s actions cannot amount to a gross dereliction of duty or a deliberate abuse of their powers.
The Board has always tried to balance the factors of accountability and oversight with the need to ensure that officers can carry out their duties fully and without concern that they will personally incur legal fees because they have been found not guilty of charges. The language in the collective agreement reflects this balancing of interests.
Sometimes the Board denies the claim for legal fees. In those cases, the Association can file a grievance and have the matter determined by an arbitrator. We have had these types of grievance in the past. In many circumstances, the Board’s denial of payment has been upheld at arbitration. In other cases, an arbitrator has seen it differently.
