the SOCIETY RECORD - Nova Scotia Barristers' Society

CIAJ CONFERENCE
Ambiguous Crossroads
Persons with Mental Health Problems and the Criminal Justice System
Writing for the majority in R. v. Knoblauch (SCC, 2000),
Justice Louise Arbour started her judgment by stating,
“This appeal lies at the often ambiguous crossroads
between the criminal justice and the mental health care systems.”
CIAJ President Beth
Symes and staff from
both the CIAJ and the
law school.
Archie Kaiser
Schulich School of Law and Department of
Psychiatry, Dalhousie University
For accused, police officers, lawyers, judges and the community,
this busy and fraught junction is frequently confusing, frustrating,
worrisome and traumatizing. Recognizing this unfortunate reality,
the Canadian Institute for the Administration of Justice recently held
its third (and best attended—about 165 people) conference on the
problems experienced when people with mental illness come into
conflict with the justice system.
The conference was “intended to bring together many of the
actors responsible for ensuring equitable treatment … in a time of
change”, according to the CIAJ brochure for the February 1 event
at the Schulich School of Law in Halifax. Its mixed audience of
lawyers, judges, police officers, community advocates, mental health
professionals and people with lived experience rated the day a major
success. The Co-Chairs, Judge Anne Derrick, Justice Joel Fichaud and
Professor Archie Kaiser, were supported by an advisory committee,
Five panels strove to inform and update the audience, explain the
challenges and encourage dialogue in a field historically characterized
by well-intentioned actors operating in under-resourced silos.
The opening seven-person discussion, “Living in the Community”,
started with a broad overview of historic and current issues,
emphasizing human rights and societal inclusion. It offered a range
of perspectives from academics, advocates, family members, service
providers and mental health professionals on stigma, the needs of
young people, employment barriers, dilemmas posed by certain
conditions and difficult but representative cases.
The next panel, “First Contact with the Justice System: Providing
Police Services for Persons with Mental Health Problems”,
comprised two RCMP members and an officer from Halifax
Regional Police, who explained the major issues to be confronted
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