Law Times

Page 12 May 27, 2013 Law Times • BRIEF: LABOUR & EMPLOYMENT BOUTIQUES Human rights a growing area for specialist firms BY CHARLOTTE SANTRY Law Times T o succeed at a boutique labour and employment law firm, it helps to have specialist knowledge, an awareness of changes in the human rights field, and some basic psychology skills. Barry Kuretzky's firm of 11 lawyers is seeing a growing number of claimants suffering from mental-health issues. "People are more aware of the problems and are more inclined to discuss them. There's less stigma," he says. His firm, Kuretzky Vassos Henderson LLP, prides itself on having low overhead and relatively affordable fees as well as its capacity to take on a wide range of cases. But dealing with many clients with mental-health issues can be challenging, partly because "clients are coming to the office very stressed from the work environment," says Kuretzky. "They may be extremely emotional. Sometimes, it seems I'm almost practising as a Ball Professional Corporation Excellence in Employment & Labour Law • Counsel in Leading Cases • • Author of Leading Treatise • Wrongful Dismissal Employment Law Human Rights Post Employment Competition Civil Litigation Appellate Advocacy Disability Referrals on behalf of employees and employers respected 82 Scollard Street, Toronto, Canada, M5R 1G2 Contact Stacey Ball at (416) 921-7997 ext. 225 or srball@82scollard.com web: www.staceyball.com all_LT_Nov7_11.indd 1 psychologist," he adds. Kuretzky emphasizes the importance of referring clients to a doctor if they're in obvious distress and also ensuring they're not making rash decisions they may come to regret later. Janice Rubin It's common for health problems to become more prevalent in society at times of economic unrest and like Kuretzky, lawyer Janice Rubin says the trend is having a direct impact on the types of cases seen by her firm, Rubin See More, page 13 Relatives often victims in NCR cases Continued from page 8 orders, and ensure that they are notified when an NCR accused is discharged," says Di Mambro. With a court-assigned highrisk label, those deemed not criminally responsible wouldn't be eligible for release until a court revokes their designation following a recommendation by a review board. The high-risk label also means those found not criminally responsible could go without a review for up to three years and could only get escorted passes in narrow circumstances. The designation also includes a provision to involve victims by ensuring notification upon discharge of someone declared not criminally responsible. "This piece of legislation is little more than a knee-jerk reaction with little thought and almost absolutely no meaningful evidence behind it. It appears to be a reaction to the recent notorious murder cases which resulted in findings of NCR," says Toronto criminal defence lawyer Tushar K. Pain. It was the case of Allan Schoenborn that Prime Minister Stephen Harper referred to when announcing the changes in February. Schoenborn was found to be not criminally responsible in relation to the death of his three children in Merritt, B.C., in 2008. He was eligible for escorted visits, but the decision was reversed following community outrage. Vincent Li and Guy Turcotte are two others found to be not criminally responsible after high-profile murders. Li attacked and beheaded a man on a bus in Manitoba in 2008. He was later granted unescorted passes. Earlier this year, the Crown obtained leave to appeal Turcotte's case in connection to the 2009 deaths of his two children in Montreal. Turcotte, a former cardiologist, was released after spending 18 months in a psychiatric hospital. The Canadian Psychiatric Association insists there's no evidence to suggest current policies put the public at undue risk. 11-11-08 11:44 AM CITED BY THE SUPREME COURT OF CANADA CANADIAN EMPLOYMENT LAW STACEY REGINALD BALL "The most comprehensive text on employment law in Canada. It is carefully constructed and accurate." Canadian Bar Review MORE THAN 6,145 CASES CITED Canadian Employment Law is a one-stop reference that provides a thorough survey of the law and analysis of developing trends, suggesting potential avenues of attack as well as identifying potential weaknesses in the law. Canadian Employment Law has been cited by the Supreme Court of Canada, in superior courts in every province in Canada and is used in law schools throughout Canada. 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AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.ca .c Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. CANADA LAW BOOK® Carswell-26373-Feb25-13.indd 1 Thomlinson LLP. "People are stressed and more fearful, and there's a rise in disability claims," she says. "Because we're in a no- or slow-growth period, that's affecting the kinds of questions our clients are asking and the kinds of work coming through the door," she notes. One effect of the trend is that as insurers www.lawtimesnews.com 13-02-20 10:32 AM It notes the available evidence suggests that the recidivism rate of those found not criminally responsible is five to six times lower than those found criminally responsible and managed in the regular corrections system. "The Canadian Psychiatric Association and the Canadian Academy of Psychiatry and the Law are also concerned about victims, so we're starting at the same place," says Dr. Paul Fedoroff, a member of the association's board and president of the academy. The most likely victims of those declared not criminally responsible are relatives and people who are close to them. Their preference, he adds, is often treatment over jail. The organizations also worry that as a result of the change in legislation, those relatives who are victims will be less likely to encourage the designation. Society has a long history of not holding people with severe mental illness responsible while instead putting them on a course for treatment in a less restrictive environment. But the new legislation, according to Fedoroff, adds an element of punishment based on the brutality of the crime they committed. That would be a fundamental shift in the law, he suggests. "We're concerned that the law might actually have a paradoxical effect" that would result in less treatment and more victims, says Fedoroff. "The field is unanimous in its concerns." Adds Pain: "The proposed legislation will supposedly offer the public more protection. Yet there seems to be little evidence regarding the recidivism rates of mentally ill offenders following release by the review board from a psychiatric facility.  Without this information, this legislation seems a little like closing the barn door after the horses have already trotted off.  Wouldn't it make more sense to pour resources into the front end to bring greater awareness to the issue of mental illness and provide greater resources for treatment before such tragedies occur? "Moreover, unnecessarily delaying the release of  mentally ill offenders will put a greater strain on already-limited resources within the system. Is the government also willing to pay for more hospital beds?" LT

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