Submitted by Section Co-Chair, Kelly Bradshaw
Summary of Meetings
Number of Meetings Held: 7
October 24, 2014
Guest Speakers: The Honourable Retired Judge Gould, and Ron Parsons, Senior Crown Counsel
Meeting Title/Topic: Judicial Interim Release - How to Argue Your Case
Synopsis: The Honourable Judge Gould and Ron Parsons provided valuable insight on the proper way to prepare for a judicial interim release hearing, and responded to questions regarding steps that can be taken prior to the hearing in order to put the best case forward for Crown and Defence.
November 19, 2014
Guest Speaker: Derek Jackson, Counsel - The Research Room
Meeting Title/Topic: Civility in the Legal Profession - Where Are We?
Synopsis: Derek Jackson presented on the issue of civility in the legal profession. He reviewed the relevant provisions of the Code of Professional Conduct, including a lawyer's duty to the court, duty to clients, duty to other lawyers and duty to oneself. He also discussed the Law Society's mandate to uphold and protect the public interest, including its ability to govern our legal and personal lives. Mr. Jackson reviewed some LSBC decisions, and discussed the factors taken into account in a discipline hearing and sentence, including nature and gravity of offence, age and experience of lawyer, previous character of lawyer, impact on victim, whether there was an advantage gained, whether the lawyer acknowledged the wrong and took steps to address, rehabilitation, other sanctions the lawyer has been subjected to, impact of proposed sanction and confidence in legal community.
December 10, 2014
Guest Speakers: Steve Hulme, BScN, RN, Forensic Liason, Psychiatric Services - Nanaimo Regional Clinic, Shelley Birchard, Clinic Manager, Psychiatric Services - Nanaimo Regional Clinic, and Norma Winsper, Coordinator, Adult Community Support Services, Nanaimo
Meeting Title/Topic: Overview of Forensic Psychiatric and Community Mental Health Services in Nanaimo Region
Synopsis: Guest speakers provided an overview of the Forensic Mental Health Services available within the greater Nanaimo Region as well as Community Mental Health Services, including the role of the Assertive Community Treatment (ACT) Team, which provides outreach case management services to adults with severe and persistent mental illness, drop-in centres and the homeless outreach team.
March 11, 2015
Guest Speakers: Basil McCormick, Nanaimo Crown Counsel, and Stephen Taylor, Nanaimo Defence Counsel
Meeting Title/Topic: Fitness to Stand Trial Issues - Crown and Defence Perspective
Synopsis: Mr. McCormick and Mr. Taylor discussed fitness issues by reflecting on the recent case of R. v. Iverson in Nanaimo - a case they were both involved with. Mr. Iverson was unrepresented, and during the trial, the issue of fitness was raised by the Crown, based on the behaviour of the accused. Mr. Iverson essentially refused to participate in the trial: he would not answer questions from the Court, he would not question witnesses - he stood staring at a fixed point during the entire proceedings - essentially standing mute. Mr. McCormick discussed the unique aspects of this case as a backdrop for his extensive review of the case law, including a more recent trend in some jurisdictions to require more for a finding of fitness than required by the limited cognitive capacity test set out in R. v. Taylor. Mr. Taylor discussed his role as amicus in the Iverson case and discussed the key factors for defence lawyers to keep in mind when interviewing a client in cases where the issue of fitness may arise.
April 29, 2015
Guest Speakers: Shelley Birchard, Manager, Nanaimo Regional Forensic Psychiatric Clinic, and Steve Hulme, BScN, RN, Forensic Liason, Psychiatric Services - Nanaimo Regional Clinic
Meeting Title/Topic: Getting Results from Pre-Sentence Psychiatric Reports
Synopsis: Steve Hulme and Shelly Birchard of the Nanaimo Regional Forensic Psychiatric Clinic provided an overview of Pre-Sentence Psychiatric Reports and their role in preparing these reports. Mr. Hulme and Ms. Birchard discussed how counsel can assist so that the report focusses on answering the questions that are most relevant to a particular case, including contacting the clinic to ensure that the relevant issues are clearly articulated.
May 11, 2015
Guest Speakers: Inmates of NCC, Nanaimo Region John Howard Society staff and correctional officers
Meeting Title/Topic: Tour of Guthrie Therapeutic Community at the Nanaimo Correctional Centre
Synopsis: Attendees toured the Guthrie House Therapeutic Community at the Nanaimo Correctional Centre, a self-contained, 32-bed therapeutic community that is separated from the main facility. Attendees learned that the program combines work, treatment, counselling and round-the-clock behavioural modelling to fight the root causes of addiction and teach the fundamentals of right living -- giving offenders a chance to begin a new kind of life. Following the tour, attendees met with several residents of Guthrie House, correctional centre staff members and Dana Young, the Manager of the program, where first-hand experiences were shared.
June 3, 2015
Guest Speakers: Darcy Dean, local manager of Nanaimo Community Corrections, Leanne Kristofferson, Deputy Warden of Nanaimo Correctional Centre, and Justin Olsen, Senior Probation Officer
Meeting Title/Topic: Making Connections with BC Corrections
Synopsis: Corrections staff outlined the services available for clients in both custodial and community settings, and presented an informative Power Point Presentation to highlight the programs available for both women and men, including specific programming for sexual offenders.
Comments and Observations of the Co-Chair
The executive of this Section during the 2014/15 year were extremely dedicated in ensuring that our Section offered interesting and informative meetings for CBABC members. The topics discussed at our meetings are directly relevant to the day to day issues that arise in criminal practice, and all of the meetings were fairly well-attended. Throughout the term, the executive actively encouraged CBABC members to attend the meetings, and this will be a focus in the upcoming year. Two of our executive members, Laura Allen and Kara Duncan, will not be rejoining the executive for the next term, as they wish to focus on their family practice. The executive wishes to thank Ms. Allen and Ms. Duncan for their contribution and hard work - they will be missed! For the upcoming term, three new members have joined the executive, and we are looking forward to their fresh ideas for another successful year.