Schaeffer v. Wood, 2011 ONCA 716 deals with the rights of police officers being investigated by the SIU. In short, police involved in fatalities cannot get counsel to assist with preparation of their notes but may obtain legal advice in relation to their rights and obligations with respect to the SIU investigation itself. The Court holds:
[4] ... I would grant a declaration to the effect that police officers involved in an SIU investigation do not enjoy the right to have a lawyer vet their notes or to assist them in the preparation of their notes. Police officers do, however, have the right to obtain legal advice as to the nature of their rights and duties with respect to SIU investigations, provided that obtaining such advice does not impede the completion of their notes before the end of their tour of duty.
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