MOOSE JAW — The legal counsels involved in the discipline hearing of former Moose Jaw policeman Taylor Mickleborough plan to exchange information so they can start determining how long the hearing might take.
Jay Watson, the hearing officer for the Saskatchewan Police Commission, Adam Touet, the defence lawyer for Mickleborough, and Mitch Holash, the legal counsel for the acting police chief (Moose Jaw Board of Police Commissioners), met by phone on Feb. 27.
, with Holash indicating that he still needed some disclosure (case files). Touet noted that it would be appropriate to adjourn this matter for several weeks so Holash could review those outstanding documents and so they could determine the next steps.
Holash agreed that there “is a lot of work to do … for both of us,” while he said it would be appropriate in the coming weeks to look at potential hearing dates. Moreover, he wanted to exchange documents with Touet so they could determine how much time they would need for the hearing and check on the availability of witnesses.
The order of dismissal that former police chief Rick Bourassa issued in firing Mickleborough “contemplate(d) a very large number of potential witnesses,” Holash continued. He expected that Touet also planned to call many witnesses whom they would have to schedule to appear.
“I would like to exchange documents so that Adam and I can start to compile a common book of exhibits,” the police legal counsel remarked.
That book would include documents that are “admissible and relevant,” documents that Holash would present and that Touet could challenge, and documents that Touet would present that Holash could challenge.
Besides identifying witnesses and exchanging those lists, Holash also believed they should attempt to narrow down the issues in this situation. He didn’t expect them to finish most of the work in two weeks, but agreed that their next phone call could be a check-in.
Watson then asked the lawyers whether the next phone call would best occur in-camera — or privately — since they were still dealing with case management matters; Holash and Touet both agreed.
“I think that’s important. We have a lot of work to do,” said Holash. “And I respect and appreciate that hearings need to be public and there needs to be full transparency … .”
Watson then adjourned the matter to Wednesday, March 12 for the private case management conference call.
