Annex B: Directorate of Defence Counsel Services Directives

DDCS Directive 1 (Page 3-3)

DDCS counsel shall be knowledgeable of and adhere to their law society's code or rules of professional conduct as well as the Canadian Bar Association Code of Professional Conduct. DDCS counsel who may be uncertain about a particular activity or course of conduct respecting any aspect of the discharge of their duties and responsibilities are to consult with the Director and their law society as required.

DDCS Directive 2 (Page 3-4)

DDCS counsel shall at all times treat the chain of command with respect and in such a manner so as not to be perceived to be submissive to it or to otherwise cast doubt respecting their allegiance to the client.

DDCS Directive 3 (Page 5-6)

In order to foster a trusting relationship with their clients, DDCS counsel shall ensure that their clients understand the nature, extent and limitations of the solicitor-client privilege.

DDCS Directive 4 (Page 5-7)

DDCS counsel shall remain alert to

• the existence and danger of, and shall avoid, compromising or potentially compromising situations and influences that could give rise to the threat of either actual or perceived conflict of interest; and
• conflicts of interest or perceptions of a conflict of interest respecting two or more clients advised or represented presently or previously by DDCS counsel.

DDCS Directive 5 (Page 5-7)

DDCS counsel are to report to the Director all instances of actual or perceived conflict of interest.

DDCS Directive 6 (Page 5-7)

DDCS counsel who may be uncertain about the existence of or the perception of the existence of an actual or potentially compromising situation shall inform and consult with the Director and with the appropriate member of their law society as necessary.

DDCS Directive 7 (Page 5-7)

In the event of the existence of a conflict of interest or of a perception of a conflict of interest respecting two or more clients advised or represented by DDCS counsel, either presently or in the past, the DDCS counsel shall cease to advise or to represent the persons involved.

DDCS Directive 8 (Page 6-5)

DDCS counsel shall refrain from doing anything that may detract from providing the best representation for the client. DDCS counsel shall consult with the Director before agreeing to any undertaking requested by the prosecution respecting restrictions on material to be disclosed.

DDCS Directive 9 (Page 6-9)

When requiring an expert witness, DDCS counsel shall determine if the requisite and appropriate expertise is available, firstly, in the CF and, secondly, in DND or elsewhere in the Government of Canada.

DDCS Directive 10 (Page 6-9)

DDCS counsel shall obtain the approval of the Director prior to retaining an expert witness whenever the travel costs and expert witness fee together exceed $2,000.

DDCS Directive 11 (Page 7-9)

In instances where a joint recommendation respecting sentence is to be made by the prosecution and the defence, DDCS counsel shall ensure that the client is aware that such is not binding on the military judge.

DDCS Directive 12 (Page 8-2)

DDCS counsel shall advise their clients who have been found guilty of an offence of their right to appeal and of the procedure to follow. When possible, DDCS counsel will give preliminary advice as to the merits of a potential appeal. In cases where their clients are found not guilty, DDCS counsel shall advise them that the prosecution has a right of appeal.

DDCS Directive 13 (Page 8-5)

DDCS counsel shall advise their clients who have been found guilty of an offence of their right to appeal and of the procedure to follow. When possible, DDCS counsel will give preliminary advice as to the merits of a potential appeal. In cases where their clients are found not guilty, DDCS counsel shall advise them that the prosecution has a right of appeal.

DDCS Directive 14 (9-2)

DDCS lawyers shall observe and apply the provisions of DAOD 2008-0 and JAG Policy Directive 001/99 to the extent that such does not conflict or interfere with their role, duties and responsibilities as defence counsel and their concomitant duty to serve the best interests of their clients. Matters of concern respecting contact and relations with the media shall be discussed with the Director.

DDCS Directive 15 (Page 9-3)

Except for information of a general nature, DDCS counsel shall not speak to the media about a case either before or coming before a court martial without the client's consent.

DDCS Directive 16 (Page 9-3)

DDCS counsel shall be circumspect with regard to comments on the defence case or position and shall ensure that all comments to the media are well reflected, having regard to the best interests of the client.

DDCS Directive 17 (Page 9-3)

DDCS counsel shall disclose no personal information respecting a client without that client's consent.