The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/50810
ASSOCIATES to me, 'Can we send these people out dressed in regular clothing? Is that against the law?'" Farris searched through inter- national treaties for the answer. The an- swer, well, that's privileged. Back in Canada, Farris helped negoti- ate Status of Forces agreements, which set out the legal conditions for what will happen when Canadian troops are in another country, such as whether they can carry weapons. In August 2007, he was deployed again — this time to Af- ghanistan. He was likely chosen to men- tor Afghan military lawyers because "he's very personable. He listens to people when they are talking. . . . He's able to size them up fairly quickly and under- stand their needs and their abilities," says Lt.-Col. Bruce MacGregor, JAG's deputy director of military prosecutions. To prepare, Farris gathered all the in- formation he could about how Afghan society administers justice, learning that for thousands of years Afghan tribal jus- tice emphasized revenge. After landing in Afghanistan, Farris began building relationships with his Afghan colleagues. It took some time for the Afghan military lawyers — prosecu- tors and defence lawyers — to get used to his presence, says Farris. "This was brand new. They had never seen Canadian law- yers do this before." Soon, he was meet- ing with 15 military lawyers every day to discuss their cases. A prosecutor might say, "'Okay, we've got someone who did something wrong yesterday. What do we do?'" The Canadian would then walk the lawyer through the process. "What's the offence? Is there enough evidence to support the charge? Okay there is. So now we charge him. . . ." Since few of the Afghans had formal backgrounds in law, Farris often found himself teaching basics. For instance, he would explain to defence counsel, "if somebody is accused of a crime, they have the right to speak to a lawyer. They have the right to remain silent." Progress was slow, but evident. "As certain issues came up again and again, I found I could back away a little bit," he says. "The lawyers . . . would know how to deal with it." Aside from working with lawyers, Far- ris also assisted judges. From time to time, he sat in on trials. Afterwards, he met with the judges to discuss the evidence presented and whether it would lead to a finding of guilt against a soldier. After seven months in Afghanistan, Farris left 25 C weather and returned to Canada in chilly March. The cold weath- er was "a big adjustment." But Farris was energized by his experience overseas. As the first Canadian military lawyer to mentor Afghan military lawyers, "I was the one who was breaking ground," he says with a touch of pride. Since then, two other JAG lawyers have been sent to Afghanistan as mentors. These days Farris no longer eats his meals in a tent, but his work is still fascinating. Soon after returning from Afghanistan, he became a military pros- ecutor in Ottawa. "Remember the mov- ie A Few Good Men? Well, I'd be Kevin Bacon." When an officer or soldier in the Ca- nadian Forces is accused of commit- ting a major offence, he or she is tried by court martial. Like a civilian criminal trial, a judge presides, a prosecutor is present, and the accused has the right to be represented by defence counsel. Be- fore a charge is laid, investigators bring the evidence to the prosecutor to review. "We go through it and advise investiga- tors as to whether a charge should be laid and if so, here's what we think the proper charge should be." Across Canada, there are less than a dozen courtroom military prosecutors. "With such a small number, you are getting cases all the time," says Farris. "When one comes to you . . . you are the one who takes the case from start to fin- ish. So you are on your feet in court." He knows he's getting much more court- room experience than if he'd stayed in private practice. "I really enjoy it," he says. "It's a bit of a rush." As a JAG legal officer, Farris found his dream job. "I've lucked out," he says of his work in criminal and interna- tional law. As a lawyer in the Canadian Forces "you are working as part of a team for something that is bigger than yourself." Are you an associate with an interesting story to tell, or do you know someone who does? E-mail the editor at gcohen@clbmedia.ca and tell us about it. www. C ANADIAN Law ye rmag.com FEBRU AR Y 2009 15 ntitled-5 1 12/19/08 12:30:47 PM Presented by CONTAMINATED SITES February 23 – 24 | Calgary IN-HOUSE COUNSEL February 26 - 27 | Toronto MAJOR BUSINESS AGREEMENTS March 2 – 3 | Vancouver April 23 – 24 | Ottawa April 27 – 28 | Halifax DUTY TO ACCOMMODATE and DRUG TESTING March 2 – 3 | Calgary March 4 – 5 | Edmonton LAND DEVELOPMENT March 5 – 6 | Toronto ABORIGINAL CONSULTATION COURSE March 9 | Calgary – March 10 | Yellowknife March 17 | Regina – March 18 | Winnipeg March 30 | Ottawa – April 29 | Edmonton May 5 | Toronto – May 25 | Vancouver BC POWER SUMMIT March 10 – 11 | Vancouver FORUM AUTOCHTONE March 24 – 25 | Quebec PROCESS FAIRNESS March 30 – 31 | Ottawa REDUCING ENTERPRISE RISK IN HEALTHCARE March 30 – 31 | Toronto MINING TAXATION April 3 | Vancouver Media Partner ENROLL TODAY! 1 888 777-1707 www.insightinfo.com