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Schedule G: Legal Assistance and Indemnification Process
In order to be considered for legal assistance and indemnification, an Agent is required to:
- inform the Agent Supervisor of the matter at the earliest reasonable opportunity after the Agent becomes aware of a possible or actual suit, action or charge as a result of any alleged act or omission within the scope of the Agent's duties or functions, so that the official has the opportunity to assist or guide the Agent;
- be willing to authorize as early as possible the Department of Justice Canada or any other counsel that the Director may retain to represent the Agent;
- submit a request for legal representation or indemnification to the Director. The request should include how the Agent meets the applicable criteria and should specify if the request is for legal assistance, indemnification or both;
- where requesting to be represented by private counsel, the reasons for such a request should be detailed and the name and proposed fee schedule of the preferred counsel are to be provided;
- refrain from retaining private counsel until the Director has approved the request. An Agent who instructs counsel to begin work without the requisite approval may be personally responsible for payment of the resulting legal fees, costs and judgment;
- make a written factual report to the Director of the incident leading to the request for legal assistance or indemnification; and
- authorize the Director, or such other person as may be designated by the Director, to defend his or her action, claim or charge using the required authorization form.
Failure of an Agent to meet the above requirements may result in denial of legal assistance and indemnification and result in personal liability. An acquittal in offence cases, or dismissal of a civil suit, does not automatically entitle the Agent to reimbursement of expenses that have been previously denied.
For each subsequent stage of the judicial process, including appeals, or for any significant change in the circumstances related to the case, a new request for payment of legal assistance and indemnification is to be made and assessed in accordance with the considerations set out in this Chapter.
Requirement for prior approval of requests
Agents who instruct counsel to begin work on a subsequent stage of the process without proper prior approval may not receive approval for legal assistance or indemnification for the resulting expenses.
Authorization for Legal Assistance and Indemnification Form
I, (agent's name), of the City of (city/town/township), in the (province/territory) of (name of province/territory), person acting as federal prosecutor pursuant to subsection 7(2) and 9(1) of the Director of Public Prosecutions Act, and in accordance with the FPS Deskbook and the Terms and Conditions of Fixed-Term Agreements of Agents, hereby authorize the Attorney General of Canada, and/or the Director or such other person as may be designated by the Attorney General, or the Director or a delegate thereof, to defend the action against me by _______ in the ________ Court, _________ Division (Court File No. ______) and to take such actions and conduct such proceedings as the Director or counsel designated to represent me may consider necessary to defend the action on my behalf and to protect the interests of the Director and/or of the Crown.
I have read and understood Part Eleven of the Terms and Conditions. If at any time during or after the proceedings it becomes apparent that I did not act in accordance with the eligibility criteria outlined in Part Eleven of the Terms and Conditions, the Director may terminate legal assistance and may initiate recovery action for an amount equal to the legal assistance provided or the indemnification paid, which shall constitute a debt owed to the Crown.
Should any judgment or decision result in an award of costs to me, I hereby authorize and direct the payment of any such amounts directly to the Director and/or the Crown.
In this regard, I expressly waive solicitor-client privilege in favour of the Crown and the following co-defendant(s) who is/are also represented by the Attorney General of Canada and/or the Director, (insert name(s)) and I agree to a mutual sharing of material information with the Crown (and between these co-defendants). I understand, however, that counsel representing me will treat all communications between us in confidence to the extent possible consistent with counsel’s obligation to protect the interests of the Crown. Where information provided by me in confidence is disclosed in the interests of the Crown, it is subject to the condition that it shall not be used by the Crown in any disciplinary or civil action against me.
I have been informed, and I understand, that I have the right to terminate this retainer at any time and to retain and instruct private counsel at my own expense. I have further been informed, and I understand, that should a conflict arise between my interests and those of the Crown (or any of the co-defendant(s) named above) at any time during this litigation, it will be necessary for me to retain private counsel.
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Requester’s Signature
DATED at (location), this (date) day of (month), A.D., (year).