Appendix D

Management of the RCMP Disciplinary Process 2009-2010 Annual Report

Representative's Code of Ethics¹

1. In keeping with the principle stated at E.2., you should:
   1. discharge your duties to the client, the tribunal, fellow representatives and legal counsel with integrity;
   2. inform the client if, given the complexities of the case, you are not competent to perform the services required;
   3. serve the client in a conscientious, diligent and efficient manner;
   4. be candid and honest when advising the client;
   5. hold in strict confidence all communications relating to the representation of the client which are received from that client, and not divulge any such communication unless expressly or implicitly authorized by the client or required by law to do so;
   6. fairly advise the client of any known limitations in the law of client privilege;
   7. serve the client with loyalty, refrain from advising both sides in any matter subject of the act and refuse to represent or continue to represent the client when there is, or there is likely to be, a conflict of interest;
   8. strictly and scrupulously carry out any agreement, entered into personally or on the client's behalf, with a tribunal, a representative or legal counsel in the course of any matter subject of the act;
   9. encourage respect for and try to improve the administration of all matters subject of the act;
   10. represent the client in accordance with the law and this code, notwithstanding your private opinions as to the client's credibility or the merits of the case to be met;
   11. avoid presenting and discourage the client from presenting frivolous or vexatious motions and objections;
   12. when the case can be settled to the satisfaction of the client, encourage the client to do so rather than continue the proceedings;
   13. take particular care as a representative at an ex parte or uncontested hearing, to be accurate, candid and comprehensive when presenting the case, ensuring that you do not mislead the tribunal;
   14. when engaged as a representative of the appropriate officer, not primarily seek to obtain a finding of a contravention of the Code of Conduct, but to see that justice is done;
   15. when liaising with other representatives treat them with courtesy and deal with them in good faith; and
   16. observe the rules of conduct set out in this code in the spirit as well as the letter.
2. When representing or assisting a client, do so resolutely, honorably and within the limits of the law. In particular you should not:
   1. initiate any proceeding motivated only by malice on the part of the client;
   2. knowingly assist or permit the client to do anything dishonest or dishonorable;
   3. knowingly appear before a tribunal when you or the client has a relationship with a member of that tribunal which might reasonably appear to affect the impartiality of the tribunal;
   4. knowingly attempt to deceive a tribunal by offering false evidence, misstating facts or law or suppressing what ought to be disclosed;
   5. deliberately refrain from informing the tribunal of any law or jurisprudence which you consider to be directly binding on the tribunal and which has not been mentioned by the opposing representative;
   6. needlessly abuse, hector, harass or inconvenience a witness;
   7. appear as a witness in any proceedings in which you act as representative, except in matters not in dispute or purely formal in nature;
   8. assert as fact anything that is properly subject to legal proof;
   9. fail to disclose to a potential witness your role in the matter pending;
   10. when speaking to a potential witness or controlling any relevant document or other evidence, subvert such evidence;
   11. approach the member who is the subject of the proceeding, when that member is represented, except through the consent of that member's representative;
   12. when engaged as a representative of the appropriate officer, fail to observe the requirements of law and RCMP policy for disclosure whether tending to favor the client or not;
   13. suggest that some other person committed the contravention or call any evidence, if you know it to be false by reason of any admissions made by the client; and
   14. discuss, prior to the hearing, the law, facts or circumstances of the client's case with an appointed member of the adjudication board, except in the presence of the other parties or their representatives, or in writing with copies to the other parties.
3. When representing a client and you have formed the opinion that an adverse finding is likely, you may discuss with the appropriate officer's representative a tentative admission of the allegation and the appropriate disposition of the matter, if you have:
   1. advised the client that an adverse finding is likely;
   2. determined that the client is prepared to admit the necessary elements of the contravention;
   3. advised the client of the implications and possible consequences; and
   4. obtained the appropriate instructions of the client

¹ Royal Canadian Mounted Police Administration Manual, App. XII-9-1.