YU INQUEST: On hold for at least five weeks
Graeme Bacque (gbacque@idirect.com)
Thu, 22 Oct 1998 04:51:26 -0700
October 22, 1998
Yu inquest stops for appeal of conflict ruling
Decision hurts the process, argues lawyer for the family of deceased man
By Theresa Boyle
Toronto Star Health Reporter
The Edmond Yu inquest has been put on hold for at least five weeks.
Madam Justice Pat Wallace of Ontario Court, general division, yesterday
granted a stay of proceedings so a judicial review can be heard on
whether a police lawyer has a conflict of interest.
``The application should be granted,'' she said, because the issue is
``serious'' and irreparable harm could be caused if the inquest were to
continue while the review was being heard.
The inquest was looking into the death of Yu, who was shot by police on
Feb. 20 last year. The 35-year-old man suffered from paranoid
schizophrenia. A subsequent probe by the province's special
investigations unit cleared police of any wrongdoing.
Toronto Regional Coroner Dr. William Lucas last week found that lawyer
Jane Egan was in conflict for representing three parties at the inquest:
officers directly involved in Yu's death, the Toronto Police Services
Board and Chief David Boothby.
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`Ultimately the family and the people of Ontario are the losers'
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Lucas said one of the parties would be ``muted'' and the scope of
inquiry stymied if Egan represented all three.
The three parties don't agree with his ruling and sought a judicial
review, which is expected to be heard Nov. 25 and 26 in Divisional
Court.
Lawyers for the Yu family yesterday argued the inquest should proceed
while the appeal was being heard.
The board and the chief would have to find new counsel and Egan could
continue to represent the officers, they said.
But Wallace rejected the argument.
``To force Ms Egan's clients to proceed with no counsel or new counsel
would cause them irreparable harm,'' she said.
Wallace explained that in coming to her decision, she balanced the
interest of the public against those of the three parties.
``The public interest will be met without prejudicing the applicants'
right to due process,'' she said.
Outside Osgoode Hall, lawyer Kevin McGivney, who yesterday argued for
the stay on behalf of the three police parties, said he was pleased with
Wallace's ruling.
``I think it's the right decision. It's a serious issue that has to be
determined. My clients all wish to have Ms Egan represent them,'' he
said.
Those who argued against the stay and who contend that Egan is in a
conflict said they want to make their views known at Monday's police
services board meeting.
They include the Yu family, the Queen Street Patients Council and
Chinese Canadian National Council.
``Ultimately, the family and the people of Ontario are the losers. Yet
again we won't know what happened in the death of Edmond Yu.
``The board and the chief have been successful in ensuring that there
will be extensive delays in this matter, all because they don't want to
get their own lawyer,'' said Yu family lawyer Julian Falconer.
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