February 1, 1999

To:Corporate Services Committee

From:City Solicitor

Subject:Legal Representation for the City of Toronto and four paramedics

at the Inquest into the death of Kenneth Allen

Purpose:

The purpose of this report is to advise that an Inquest into the death of Kenneth Allen is anticipated to be scheduled in April or May of 1999.

Funding Sources, Financial Implications and Impact Statement:

There are no municipal costs associated with the matter.

Recommendations:

It is recommended that:

(1)the City Solicitor be authorized to represent the City of Toronto and four paramedics at the Inquest into the death of Kenneth Allen, if necessary; and

(2)this report be forwarded to the Emergency and Protective Services Committee for its information.

Council Reference/Background/History:

Kenneth Allen died in police custody on November 30, 1991.

At a pre-inquest meeting on December 11, 1996, the Coroner, Dr. James Young, expressed some general concerns about the paramedic care of Mr. Allen.

The lawyers for the various police parties challenged a ruling made by the Coroner to the Divisional Court and ultimately the matter was heard by the Court of Appeal.

The inquest was stayed pending these proceedings.

My inforamtion is that the inquest will start over, possibly in April or May of 1999.

Comments and/or Discussion and/or Justification:

After the pre-inquest meeting in December of 1996, a lawyer from my office requested that the Coroner's counsel obtain a report from an expert outlining any concerns about the paramedic care. A report was obtained by the Coroner's office in February of 1996 from Dr. Psutka of the McMaster University Department of Medicine, who found that the paramedic care was appropriate.

The Coroner's counsel advised a lawyer from my office in a letter dated February 25, 1997, that he no longer saw an issue arising from the paramedic care. However, lawyers for several of the other parties with standing have chosen to reserve their right to continue to question the paramedic care of Mr. Allen, especially since the cause of death of Mr. Allen is a matter of medical controversy, i.e. whether he died from cocaine toxicity or asphyxia due to compression of the neck or a combination of both.

If the parties with standing maintain their positions taken in 1997 that they wish to make an issue of the paramedic care, it will be necessary for the City and the paramedics to have legal representation at the inquest. In view of Dr. Psutka's report, there does not appear to be a conflict between the City and the paramedics such as to prevent one lawyer from acting for all of them.

It is therefore recommended that the City Solicitor be authorized to represent the City of Toronto and the paramedics at the inquest, if necessary.

Should the Committee decide to have separate representation, outside counsel would have to be retained for the City and the paramedics since a lawyer from my office has obtained information from the paramedics.

Conclusions:

It is recommended that:

(1)the City Solicitor be authorized to represent the City of Toronto and four paramedics at the Inquest into the death of Kenneth Allen, if necessary; and

(2)this report be forwarded to the Emergency and Protective Services Committee for its information.

Contact Name:

Jane E. Egan

Phone:(416) 392-8703

Fax:(416) 392-3848

H.W.O. Doyle

City Solicitor

Legal Services