Ombudsman
Continued From Page 3
business that does not comply
with the statute is contrary to
the very foundation of the
ombudsman model,” noted
Houle, an administrative law
scholar who, along with Sossin,
is part of a team assisting the
Privacy Commissioner with the
review she is now conducting.
“We believe that if Parliament
agrees with the Commissioner
that order-making power
should be conferred to the OPC,
then the OPC should be trans-
formed into another type of
board, like a regulatory board
such as the Canadian Radio-
television and Telecommunica-
tions Commission.”
Stoddart, however, is not con-
vinced that “another type of pub-
lic agency” needs to be estab-
lished, pointing out that she is far
from certain that “we are at a
time” where yet more public
agencies need to be created.
Quicklaw®
Research Solutions
Ruling affects
mobility in
the profession
Conflict
Continued From Page 2
To know is essential.
To Know More is powerful.
LexisNexis® Quicklaw®
Employment Essentials
Get Halsbury’s ® Laws of Canada, Butterworths® Texts
and Treatises, Forms & Precedents, The Canada Digest
and other exclusive online content.
FOR A FREE TRIAL call 1-800-255-5174 or visit www.lexisnexis.ca/freetrial
LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under licence. Butterworths
and Halsbury’s are registered trademarks of Reed Elsevier (U.K.) Limited and its affiliated companies. Quicklaw is a registered
patrick wrote. However, Fitzpatrick ordered McCormick’s removal,
saying the mischief and prejudice
to be avoided in the case is twofold: first, to prevent the use or
disclosure of information in breach
of McCormick’s duties to OCA and
to the detriment of OCA, and
second, to prevent McCormick
from being in a situation where her
loyalty to OCA results in ineffective
representation of Sandhu.
“The duties of loyalty, including
the duty to refrain from breaching
confidences, owed by lawyers to
clients and former clients are
broad. They are duties to be protected depending on the facts of
each case...” Fitzpatrick wrote.
“While these duties are usually
considered within the strictures of
client relationships and where
those clients are directly involved
in proceedings, I do not see that
the court is restricted in protecting
a client or former client in other
circumstances, as appropriate.”
Further, the judge added, the issue
was also one of maintaining public
confidence in the justice system.
“I do not see that any reasonably informed member of the public would see her participation in
the defence of Mr. Sandhu in these
circumstances as appropriate,”
Fitzpatrick said.
McCormick referred The Lawyers Weekly to her lawyer, Bert
King. He said McCormick had
worked for an agency that was not
even a party to the case.
“It really affects mobility in
the profession,” he said. “That
really affects the Crown. How are
they going to be able to leave
their profession and go on to pri-
vate practice?”
King said appeal options are
being considered as the case does
not go to trial until next spring. n
