Canadian Lawyer

June 2010

The most widely read magazine for Canadian lawyers

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regional wrap-up ATLANTIC N.S. PROSECUTORS FILE COMPLAINT ABOUT UNSAFE WORKPLACES D aggers. Brass knuckles. Bear spray. Brawls, riots, altercations. These are a few of the favourite things that have made their way into Nova Scotia's courtrooms. Enough is enough, say the province's 85 public prosecutors. The Crown attorneys have launched a formal complaint against the Department of Justice for unsafe working conditions. Quite simply, says Rick Woodburn, a senior Crown prosecutor in Halifax and president of the Nova Scotia Crown Attorneys Association, the province's courthouses are getting more violent and there are few safety measures in place. The provincial courthouse in Halifax, for example, is the only one in Nova Scotia with a metal detector installed. Since that device was put in place in 2008, more than 1,600 weapons have been seized, yet in the past three years alone there have been 88 serious incidents documented. There have also been a host of discussions, meetings, reviews, and committees. None of which appear to have had an impact on courthouse safety. A recent brawl at the Dartmouth courthouse proved to be the final straw for the Crowns who filed a complaint with the Labour and Workforce Development Department under the Occupational Health and Safety Act in the wake of the incident, which involved more than 25 people. The Halifax and Dartmouth courthouses are the focus of the complaint for test-case purposes. At present, the formal complaint is in the information-collection stage, says Jim LeBlanc, executive director of the labour department's occupational health and safety division. Next comes analysis, conclusions, and action, if any. Certainly the issue is a hot button. "Violence is a growing concern in workplaces," says LeBlanc. Despite that concern, it seems the T Weapons confiscated at the Halifax courthouse. prosecutors will get little relief from their boss. Justice Minister Ross Landry, a former RCMP officer, has already stepped forward publicly to say he believes Nova Scotia's courthouses are "safe." The Crown attorneys also met recently with representatives from the Department of Justice. It did not go well. "According to them, there will be some changes, but none of which top our lists of concerns," says Woodburn. Prosecutors are demanding "permanent screening devices for each of the major centres; prisoner docks in each courtroom to protect staff, victims, and even the accused; and secure entrance into the courthouse and courtrooms." These, it appears, are a few of their favourite things. — DONALEE MOULTON donalee@quantumcommunications.ca N.L. law society must ensure justice is seen to be done he Supreme Court of Newfoundland and Labrador Trial Division has determined that justice must not only be done, it must manifestly be seen to be done. As a result, the court has referred a complaint back to the Law Society of Newfoundland and Labrador for reconsideration. When it comes to protecting the public interest, Justice William H. Goodridge said in his 15-page decision, "it is especially important for the law society, fulfilling this role, to guard against even a perception of conflict with a member of the complaints authorization committee. "Without this public confidence," he added, "the law society's self-regulating system cannot command the respect and acceptance necessary to its continued existence and effective operation." At issue in McAdam v. Law Society of Newfoundland and Labrador is a client's unhappiness with her lawyer and her displeasure with the way the law society handled her complaints. In May 2008, Ann McAdam wrote a letter to the society with a litany of concerns including that her lawyer had allegedly billed for services not agreed upon, billed for services not provided, and billed for services that were unnecessary. The society routed McAdam's complaints about fees through its taxation review process. Others, including a contention that the lawyer failed to act on her instructions, were referred to the complaints authorization committee. That committee found there were no reasonable grounds to believe the lawyer should be sanctioned. www. C ANADIAN Law ye rmag.com J UNE 2010 7

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