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16 M A Y 2 0 1 9 w w w . c a n a d i a n l a w y e r m a g . c o m N ova Scotia Judge Timothy Daley has experienced first-hand how a mental health issue can impact a career and personal life. Daley, who was called to the Nova Scotia bar in 1992, was barely starting his legal career when his wife and high school sweetheart discovered a lump while breast feeding their young son. The couple were both 32. She died from breast cancer in 1994. A hearty New Foundlander who grew up in the 1970s, Daley did what was common for men from his community at the time — he "bottled" up the loss, he says. "Men were men and you don't cry and you don't react, and so I didn't." He soldiered on, remarried, had more children and grew his family law prac- tice in the small town of New Glasgow, N.S. Years later, though, it hit him. He began to lose focus, gain weight and became listless. By the end of the day, he could barely keep awake. He became emotionless and found it hard to get up in the morning. "I finally collapsed in this emotional mess that I had failed to address early on," Daley says, and unbeknown to those around him, he contemplated suicide. At the same time, both his spouse, Elizabeth, and his then law partner, Frank DeMont, saw his decline and urged him to seek the help of his family doctor. Thus, he says, "my recovery began." He contacted the lawyer's assistance program, got a psycholo- gist involved, went on medication for a while for depression and, over three years, he says, "I climbed back out." Mental health in the workplace is a growing concern and spring is when suicide rates spike. According to statistics compiled by The Centre for Addiction and Mental Health, mental illness costs the Canadian economy $51 billion annually. Each week, approximately 500,000 employed Canadians cannot work due to mental health problems. Moreover, the cost of a disability leave for a mental illness is about double the cost of a leave due to a physical illness. According to CAMH, one out of five Cana- dians will experience either a mental illness or addiction problem in their lifetime, and, by the time Canadians are 40, one out of two either have or have had a mental illness. When he became president of the Nova Scotia Barristers' Society in 2012-2013, Daley made it a point to speak about mental health issues facing the legal profession. "Depression is as common as dirt," says the outspoken judge, who was appointed to the Nova Scotia Provincial and Family Court in 2015. He cites statistics that show lawyers suffer depression at a rate that is 3.6 times greater than the general population, and law- yers have the highest rate of depression among all professions. Moreover, while suicide is the ninth leading cause of death among the gen- eral population, it is the third leading cause of death for lawyers. Mental health in the profession has become a big focus since a 2016 study of almost 13,000 U.S. lawyers found "substantial rates of behav- ioral health problems." O P I N I O N F O L L O W T H E M O N E Y MENTAL HEALTH'S TOLL By Jim Middlemiss The profession is waking up to the costs of mental health problems @JimMiddlemiss JOANNA SZACHOWSKA