Legal Counsel - Coroner's Inquest

Into the Death of Edmond Yu

The Corporate Services Committee recommends that City Council instruct the City Solicitor not to represent the Police Services Board, the Police Chief and the Police Officers in the Edmond Yu inquest, and in any inquest in the future in which the conduct of individual police officer(s) may become an issue.

The Corporate Services Committee submits the following Motion (November 3, 1998) moved by Councillor Kyle Rae, Downtown, and seconded by Councillor Joe Mihevc, York - Eglinton:

"WHEREAS The City of Toronto Legal Department provides legal counsel representing Toronto Police Services Board, the Police Chief and four police officers at the Coroner's inquest into the death of Edmond Yu; and

WHEREAS the Coroner's inquest is a public inquiry "designed to serve the public interest by ascertaining the facts relating to deaths, by formally focussing public attention on and initiating response to preventable death(s) and by satisfying the community that the circumstances surrounding the death of one of it's members will not be overlooked, concealed or ignored."; and

WHEREAS Toronto Regional Coroner Dr. William Lucas has ruled that a conflict of interest, both actual and apparent, exists between the officers and the Police Services Board on four grounds: the breach of a lawful order to complete notes, appropriateness of use of force, breadth of the inquiry and motion to quash a summons, and that the interests of the officers and the Police Services Board cannot be represented by single counsel as one of the interests would be muted;

WHEREAS the result of the inquest may have profound impact on homeless people, psychiatric survivors and visible minorities in the City of Toronto.

THEREFORE BE IT RESOLVED THAT the committee instruct the Legal Department not to send the same lawyer to represent the Police Services Board, the Police Chief and the Police Officers in the Edmond Yu Inquest and in any inquest in the future in which the conduct of individual police officer(s) may become an issue.

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The following persons appeared before the Corporate Services Committee in connection with the foregoing matter:

-Ms. Theresa Cheung, Chinese Canadian National Council, Toronto Chapter;

-Ms. Jennifer Chambers;

-Ms. Katherine Yu;

-Mr. Richard MacKlin, Lawyer acting on behalf Ms. Katherine Yu;

-Councillor Olivia Chow, Downtown; and

-Councillor Norman Gardner, North York Centre.