Richard Gleeson
Northern News Services
NNSL (Jul 01/98) - The city will likely not be releasing any legal opinions.
That was a recommendation the committee of the whole made Monday, after council received advice on the matter from the law firm that supplies most of its opinions, including the one that prompted the debate.
The committee, composed of all members of council, gave unanimous approval to the recommendation.
"If I have to be concerned that an opinion may end up in the hands of another party, that makes it very difficult for me to give you frank advice," said Ed Gullberg of Gullberg, Wiest and MacPherson.
Ald. Ben McDonald said the committee felt legal opinions prepared for the city could be used by those considering actions against it.
"We can argue about the legal opinions in public, but the risk comes when we release them," said McDonald. "Why would we take the chance of arming people thinking of bringing legal actions against us? Why would we provide them with arguments they can use against us?"
"It would be like discussing strategies or options..." said Ald. Kevin O'Reilly. "It's like the city paying for somebody else's legal advice."
Neither McDonald nor O'Reilly could say how a three-year-old opinion on secret meetings -- one that reportedly advises against the meetings -- could be used against the city in future court actions, except to say it would inhibit city lawyers from giving frank opinions in the future.