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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 30 The Society Record
in police service delivery. They presented a tour of many promising recent developments in Nova Scotian rural and urban policing, and discussed efforts to change institutional relations and individual attitudes and behaviours. The “Role Expectations for Crown and Defence Counsel” panel began with a look at the continuum of justice involvements by people with mental illness and then focussed on the middle ground, with two Crown and two defence lawyers surveying fitness and not criminally responsible strategic and substantive issues, Mental Health Court practice and the post-NCR dispositional phase before the Criminal Review Board. The final topical panel, with one psychologist and three judges, discussed “Courtroom Dilemmas: The Judicial Role at the Junction of Criminal Justice and Mental Health”. It examined sentencing in the face of reduced judicial discretion and the hugely complicated life circumstances of accused, their complex variations in diagnosis and lived experience, and the revelations emerging from Mental Health Court on the obstacles the accused face in trying to live in the community. The wrap-up discussion, with representation from the judiciary, the police, the academic community and the Crown and defence Bars, ensured that audience questions could be fielded in a less structured setting, with the panellists having an opportunity to respond to one another as well. The conference was not intended to issue a policy paper, recommendations or an action plan, but it seems to have succeeded in its aims of providing the bench, the Bar, the police, mental health professionals, advocacy groups and community members with up-todate information and a framework for a consensus around the need to work together to remediate the criminalization of persons with mental health problems. The days of housing vulnerable people for interminable periods in massive and often ineffective and abusive civil institutions have gone. New phenomena followed the deinstitutionalization wave of the late twentieth century: neglect and sometimes conflict in the community and transinstitutionalization, making many prisons de facto mental health facilities. More gatherings like “Ambiguous Crossroads” should be held in order to continue the transition towards an era of social inclusion, prevention of crises, diversion from the justice system where possible, and fair treatment within the criminal law where this response must be used. For more information about the Canadian Institute for the Administration of Justice, see ciaj-icaj.ca. A recording of the entire conference will soon be posted on YouTube, and the event brochure is online at http://www. ciaj-icaj.ca/images/stories/eventsPDF/2013.MentalHealth.pdf. LIANS & NSBS Mentorship Program Have you ever mentored another lawyer? Or could you benefit from a mentor’s support and experience? Many organizations recognize that mentoring is vital in maintaining and enhancing professionalism and lawyering skills. It improves relationships among lawyers, promotes camaraderie and can help in addressing issues of stress and isolation faced by many lawyers. The mentor receives satisfaction from helping someone grow and succeed in the practice of law. The mentee thrives with regular encouragement and support, explores new ideas and alternatives, and develops new contacts and networking opportunities. Be sure to access the online resources in the Mentorship Program section of the LIANS website, under the Risk and Practice Management heading at lians.ca/rpm/mentorship_program/. Documents you’ll find on the website: • the Mentorship Program Application Form, • a Model Mentoring Activity Plan for participants, • a Mentoring Guidelines booklet, and • thoughts on mentoring from the Hon. Judge Anne Derrick. Launched in April 2012, the program was developed by the Lawyers’ Insurance Association of Nova Scotia, in collaboration with the Society’s Equity Office. To inquire further about mentoring or finding a mentor, contact: • Stacey Gerrard, LIANS Counsel, at 902 423 1300 or sgerrard@lians.ca, or • Emma Halpern, the Society’s Equity Officer, at 902 422 1491 or equity@nsbs.org. Spring 2013 31
Page 1 and 2: the SOCIETY RECORD VOLUME 31 | NO.1
Page 3 and 4: Contents VOLUME 31 | NO 1 | Spring
Page 5 and 6: the president’s view As I travel
Page 7 and 8: BRIEFS Nova Scotia lawyers honoured
Page 9 and 10: BRIEFS Annual networking events for
Page 11 and 12: society news Council updates Societ
Page 13 and 14: society news For more details on th
Page 15 and 16: Madonna was an active participant i
Page 17 and 18: Illegal downloading of music, film
Page 19 and 20: Society’s successful initiative t
Page 21 and 22: say the public policy reasons are n
Page 23 and 24: “These dwindling numbers [of lawy
Page 25 and 26: Small rural and close communities -
Page 27 and 28: Photo by Eliot Wright/Provided by N
Page 29: “Volunteering allows for a break
Page 33 and 34: A desire to broaden and deepen her
Page 35 and 36: The students appreciate the opportu
Page 37 and 38: 7. Update! Make sure you have the l
Page 39 and 40: Spring 2013 39

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