Canadian Lawyer

30 F e b r u A r y 2 0 1 5 w w w . C A N A D I A N L a w y e r m a g . c o m The first step is acknowledging vicarious trauma is an issue. "You have to name the problem. It has to be on the agenda," says Jaffe, director emeritus for the Centre for Children and Families in the Justice System (London Family Court Clinic). In a culture that often promotes strong, silent types, such open acknowledgement can be difficult. "There is a perception, we should be able to cope with this," says Murray. In a presentation he gave to the Nunavut branch of the Canadian Bar Association, Murray noted: "[L]awyers, litigators, and the legal profession in general, tend to reward silence by lawyers about how their work affects them. Lawyers tend not to be rewarded with increased responsibility, and workload, and money, when they dare to express the thought that the problems that have shattered their clients' lives have also unsettled them." In addition, when lawyers and judges are immersed in a case, they are concen- trating on the law, legal procedures, and strategy. "You're focused on one side of your brain," says Jaffe. "The feelings side of your brain is less engaged." When the case is over, or after many cases have ended, vicarious trauma may set in. For some lawyers, Murray notes, particularly those in larger firms, their ability to do the job may be questioned if they open up about having problems. At the very least, they may be concerned their com- petency will be questioned. It's the stigma of having a mental health issue. Firms, courts, and justice departments need to make it clear they don't buy into the stereotypes and healthy lawyers are a top priority. Perception and stigma have worked together to downplay vicari- ous trauma in the legal profession. Daniel Walker, a family lawyer with Coady Filliter in Halifax, for exam- ple, was not familiar with the term before Canadian Lawyer approached him for comment. "I certainly have never heard of vicarious trauma or any form of PTSD affecting family law- yers as a consequence of what they are exposed to in their files," he says. Slowly the profession is turning its attention to this particular form of "The ones who survive in this practice are the ones who do not become too emotional but are able to advocate on behalf of their clients. Sometimes clients don't like that. They feel like you're a surgeon, very cold and clinical." Family lawyer Rachel Baron New Edition Canadian Criminal Law: A Treatise, 7th Edition Don Stuart, B.A., LL.B., Dipl. in Criminology, D. Phil Now in its seventh edition, Canadian Criminal Law: A Treatise provides important insight into the future direction of the case law and legislative changes. New in this edition The 7th Edition has been thoroughly updated to reflect the significant case law and legislative developments since the publication of the last edition in 2011. This edition analyzes the following major new Supreme Court of Canada decisions: • Bedford: Section 7 of Charter standards of overbreadth, arbitrariness and gross disproportionality; striking down prostitution laws as too harmful to sex workers • Khawaja: Terrorism offence read down to avoid overbreadth challenge • Levkovic: Mens rea for concealing dead child • Maybin: Intervening causes • A.D.H.: Presumption of subjective mens rea for crimes • Mabior: Consent to sexual intercourse with an HIV-positive accused • Cairney and Pappas: Air of reality test for partial defence of provocation to murder • Ryan: Abused wife hiring hitman to kill her husband not able to rely on duress defence • Gauthier: Abandonment as defence to s.21 party liability Legislative changes considered in this edition include Parliament's trend to adding mandatory minimum sentences and Charter decisions striking some down, as well as new, simplified Criminal Code defences of self- defence and of defence of property enacted in 2013. Under the defence of insanity in Chapter 5, consideration is given to the new classification of the American Psychiatric Association (2013), Diagnostic and Statistical Manual of Mental Disorders (DSM-5). The classic work on Canadian criminal law Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Order # 986436-65203 $135 Softcover + CD-ROM approx. 900 pages December 2014 978-0-7798-6436-2 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. 00226HM-A46991

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