Law Times

Law Times • November 14, 2016 Page 5 www.lawtimesnews.com NEWS Defence lawyers want government-funded counselling BY ALEX ROBINSON Law Times N ow that the provincial government will pro- vide counselling to jurors suffering from PTSD, defence lawyers say it is time they received govern- ment-funded counselling to deal with trauma they experience in harrowing cases. The Ministry of the Attorney General recently announced a new program providing coun- selling to jurors that will be im- plemented at the beginning of 2017. This leaves defence lawyers as the lone justice participants who are not covered by govern- ment-funded counselling pro- grams in criminal justice matters in the Ontario Superior Courts. "Everybody in the criminal justice system is being supported in some fashion with something from the government except for the accused and the de- fence, which doesn't make for an equal playing field," says Keli Mersereau, the women's vice president of the Criminal Law- yers' Association. As members of the Ontario Public Service, Crown attorneys have access to the employee and family assistance program of the OPS, which provides counsel- ling support. An employment assistance program through the Commissioner for Federal Judicial Affairs covers Ontario Superior Court justices. In 2007, this service was expanded to in- clude counselling for judges who preside over traumatic cases. And jurors will soon have access to the Juror Support Pro- gram, which will provide coun- selling services without having to ask permission from a judge. The juror program will in- clude coverage for those serving in juries in civil and criminal cases, as well as inquests. Defence lawyers applauded that jurors will have easier access to get the help they need, but they also lamented what they say is an imbalance of funding for such services between Crowns and defence. "I've had to view really gro- tesque and horrible photographs of deceased persons and no one is worried about how I'm doing," Mersereau says. She says the resources the government has poured into everybody but the defence and the expansion of services for complainants over the years have created a huge imbalance and "an enormous mountain" for defence counsel to get over. She says the perception that has formed of the government pouring resources into the other side of the case can be problem- atic. "It's like we're the David and the government and all their tentacles are the Goliath," she says. "It begs the question when is there going to be a level play- ing field?" Toronto defence lawyer Breese Davies knows first-hand how difficult it is to process dis- turbing evidence. She has been involved in a number of cases with graphic video footage of acts of violence. One of those cases was the in- quest into Ashley Smith's death in the Grand Valley Institution for Women in 2007. Smith stran- gled herself in her cell, while she was on suicide watch. Davies had to witness par- ticularly graphic video footage in the inquest, in which she repre- sented the Canadian Association of Elizabeth Fry Societies. She has sought treatment during and after particularly difficult trials, but she has paid out of pocket for those services. "We can be deeply affected by the cases we try and the stories we hear," says Davies, who is a vice president at the CLA. "Get- ting help in the face of very dif- ficult cases is not a sign of weak- ness. It should be encouraged by our profession and health-care providers." Davies says instances of post- traumatic stress disorder and vicarious trauma that defence lawyers experience will only increase with the explosion of video from smartphones, which will likely create more graphic evidence. While there is no govern- ment-funded assistance for de- fence lawyers, the Law Society of Upper Canada offers counselling through its Member Assistance Program for all lawyers, judges, paralegals, students and their immediate family members. The program offers counsel- ling through an initiative called solution-focused therapy. Law- yers can receive counselling in person, on the phone or via an online service. The counselling is at no cost to lawyers and avail- able across the province. Doron Gold, a staff clinician with MAP, says just making people aware that these services exist and at no cost is an ongoing battle. "A lot of people don't even know they have a problem," he says. Gold says one misperception many people have is that the program shares personal infor- mation with the law society. "This is a completely confi- dential program," he says. He encourages any lawyers who think they may need help to call MAP. Despite the existence of the LSUC-funded program, defence lawyers say the government should provide counselling ser- vices for them. "On a more symbolic level, it's important to have a publicly funded system for this so that there is a public recognition that this is one of the associated risks of this kind of work," says Davies. "The role of defence counsel is crucial to the proper adminis- tration of justice. "If we publicly recognize this is one of the difficulties that comes with the job of defence counsel among many others, it will go some way to reducing the stigma that is still associated with having to ask for psychiat- ric or psychological help." LT Breese Davies says instances of post- traumatic stress disorder and vicarious trauma that defence lawyers experience will only increase with the explosion of video from smartphones. Start with Practical Law Canada – Employment Practical Law Canada – Employment offers continuously maintained, up-to-date resources that contain the legal know-how for corporate counsel to practise more efficiently and never miss a step. Our expert lawyer-editors have significant practice experience and create and maintain uniquely practical resources so you don't have to, allowing you to save time with straightforward, up-to-date resources such as: • Confidentiality and Proprietary Rights (IP) Agreement (Employment) Standard Document • Employment Agreement (Long Form) Standard Document • Independent Contractor/Consultant Agreement (Pro-Client) Standard Document • Non-compete/Non-solicit Clauses Practice Note Sign up for a FREE TRIAL now at practicallaw.ca DON'T START AT SQUARE ONE WHEN YOU NEED TO DRAFT AN EMPLOYMENT CONTRACT. © 2016 Thomson Reuters Canada Limited 00234UK-A73111-SK Untitled-2 1 2016-11-08 3:21 PM

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