Law Times

PAGE 14 Lawyer finds new opportunity as legal supplier FOCUS I BY JULIUS MELNITZER For Law Times saw a business opportunity that would see him become a legal supplier. "I was acting in a child pro- t was during a child protec- tion case that Peter Marshall of Marshall MacLennan LLP in Bracebridge, Ont., tection case, seeking to achieve a better result for my client by finding an objective way to prove she was no longer drink- ing, when I came across SCRAM ankle bracelet," he says of what are known as se- cure continuous remote alcohol monitor bracelets. "It was really a moment of the experience meeting opportu- nity and inspiration." The situation Marshall, a child protection and family law lawyer, faced wasn't an uncom- mon one. "In child protection cases, courts and society rightly perceive risk to the child when a parent has a history of alcohol abuse, he says. "The difficulty is in show- along, all the courts could do from an objective standpoint was let time pass and then do a retrospective hair-strand analysis. " Until SCRAM came " making timely decisions came from the lack of reliable and timely information," says Marshall. "My research indicated As I saw it, the risk in that the SCRAM bracelet could offer a solution to the problem. alcohol-monitoring system that has been commercially available in the United States since 2003. It operates on the principle that one per cent of alcohol intake escapes through the skin as a gas. Transdermal SCRAM is a transdermal " 'We perceive that the long-term viability of this business lies in getting the confidence of the courts and the Crown even though it is the accused who is hiring us,' says Peter Marshall. alcohol-sensing technology de- tects that gas. The current version of the SCRAM device contains alco- hol-sensing and data-storage ing that the parent has ceased drinking. " technology as well as com- munication technology that also allows it to function as a house-arrest monitor. Bat- tery power is situated in the two cup-like modules, each attached to one side of a per- son' transfer the data captured to a secure server. According to the manufac- s ankle. The bracelet can turer, the device is being used in at more than 200 service provid- ers in some 1,800 courts and agencies. Between 2004 and 2009, 9,100 individuals were monitored. But the device wasn't avail- least 46 U.S. states by however, to affiliate with a U.S. company and provide the ser- vice here, portunity by forming Recovery Science Corp. as the vehicle for the new business. SCRAM quickly gained Marshall seized on the op- " says Marshall. able in Canada. "There was an opportunity, acceptance in child protection cases. "We use the program to focus litigation in cases that involve alcohol addiction," says Kristin Denault, manager of services at Family, Youth, and Child Ser- vices of Muskoka. "The bracelet allows us to present objective evidence in real time to show whether or not a parent is drinking, and if so, to what extent." Denault also lauds SCRAM for providing data that can be used as an assessment and treat- ment tool and for driving down legal costs as well as expenses related to supervised access and foster care. "The courts have definitely been receptive," she says. Ontario Superior Court, for ex- ample, has on a number of oc- casions recommended SCRAM bracelets as a way to definitively settle alcohol-related issues in family law cases. But early on, Marshall also Justice Thomas Wood of the realized that SCRAM, and par- ticularly the electronic moni- toring feature, could be useful in a criminal law context. "Ontario' make monitoring technology available on conditional With more than 1,400 pages of essential legal references, Ontario Lawyer's Phone Book is your best connection to legal services in Ontario. Subscribers can depend on the credibility, accuracy and currency of this directory year after year. More detail and a wider scope of legal contact information for Ontario than any other source: More than 26,000 lawyers More than 9,000 law firms and corporate offices Fax and telephone numbers, e-mail addresses, office locations and postal codes Lists of: Federal and provincial judges Federal courts, including a section for federal government departments, boards and commissions Small claims courts Miscellaneous services for lawyers tences but not for bail situa- tions," he says. While some private compa- s probation services sen- nies provide bail monitoring services, Marshall says they're much more expensive than the SCRAM program and haven't been widely used. " November 26, 2012 • Law Times Ontario courts and services, including a section for provincial government ministries, boards and commissions Contact information that is current, up to date and easy to find: Alphabetical tabs on every page for quick reference Complete address information in every lawyer's listing Special binding that allows the directory to lay flat when opened and stay flat viding the bracelet and moni- toring the people using them, we're quite committed to work- ing with defence counsel — at no additional cost — to put into place a supervision plan that a court will accept." Indeed, defence lawyer Kas As well, in addition to pro- Marynick of Brampton, Ont., cites the "huge support" he re- ceived from Recovery Science in one case. "Peter and his team put me "Blue pages" to highlight government listings THIS SPECIAL OFFER EXPIRES DECEMBER 1, 2012 Early Bird Multiple Copy Discounts 1-9 copies ................. 10-49 copies ..... .... 100 or more copies On subscription or One time purchase Canadian Law List, a Thomson Reuters business Prices subject to change without notice, and to applicable taxes. Visit carswell.com or call 1.800.387.5164 for a 30-day no-risk evaluation CANADIAN LAW LIST in a good spot, allowing me to be really prepared by showing that my client was sober, Marynick. "If courts buy into this, it will save a lot of money and suffering." Marshall and his associates " says are also prepared to testify in court on the system' and credibility. "We perceive that the long- s reliability term viability of this business lies in getting the confidence of the courts and the Crown even though it is the accused who is hiring us," says Marshall. At the outset, however, Mar- faced some unexpected shall challenges. "I expected the criminal side of the business to grow rapidly and immediately because I was sure that everyone, including Crowns, defence lawyers, judg- es, lawmakers, corrections of- ficials, police, MADD, the John Untitled-4 1 www.lawtimesnews.com 12-09-11 11:12 AM See Device, page 15

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