The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/50812
REGIONAL WRAP-UP ATLANTIC JUSTICE SySTEM NEEDS TO bE MORE MENTALLy hEALThy: INQUIRy Nova Scotia man who suffered from severe, chronic schizophrenia for 27 years. Still, Judge Anne Derrick took aim at the province's mental-health system — and the justice system — in her 460-page report into the death of Howard Hyde. Derrick, who headed up an 11-month E inquiry into Hyde's death, called on the government to develop a provincial mental-health strategy that "ensures co- ordination of care, integration of services and supports, and monitors quality and outcomes in relation to mental health generally and mental health in the con- text of the criminal justice system." The Provincial Court judge pointed The "Report of the Fatality Inquiry into the Death of Howard Hyde" is available online at fforts to restrain a prisoner, not mental illness or the use of a Taser, caused the death of a out she is not alone in her concerns with the current system. Nova Scotia's auditor general has also criticized the Department of Health noting that, "The lack of effect- ive oversight significantly increases the risk of creating a disjointed system that fails the people who need it most." Derrick has some specific recommen- dations for the justice system. She wants to see a new position, director of mental- health strategy, created that would be responsible for monitoring the treatment of people with mental illness by the vari- ous components of the justice system and overseeing mental-health training for Department of Justice employees. The director, Derrick stressed, must have "recent, relevant experience in men- tal-health policy generally and mental- health policy in the context of criminal justice." Among the 80 recommendations con- tained in the massive and detailed report was a call for the Justice department to implement a diversion program, includ- ing pre-charge diversion, for accused letters to the editor Take a longer view It's unfortunate that this played out in a way that maximized the sensationalistic aspects of this case (no thanks to the judge's decisions here), without giving the public or judiciary an opportu- nity to more fully examine what goes into creat- ing the "Russell Williams" of this world. What benefit is it to prosecute/defend these cases after the fact, but come away with no more information to prevent the next occurrence than we had when we started? Little to none, I'd war- rant. Williams was willing to make a guilty plea, which suggests to me that he would be open to more acts of co-operation. I would imagine the defence lawyers could sleep a bit more easily at Judge Anne Derrick wants Nova Scotia to create a mental-health strategy. persons with mental illness. The government is already moving forward on the development of a mental- health strategy, expected next year, and the health minister has directed staff to factor in the recommendations from the $600,000 inquiry. For his part, Justice Minister Ross Landry says he will "care- fully consider the recommendations." — DONALEE MOULTON donalee@quantumcommunications.ca Comments from canadianlawyermag.com night if their immersion in all this horror served a higher purpose than just serving their client. — excerpt from an online comment from JUST VISITING Everyone involved in this case, and particularly those who [saw] the tapes, should have the encouragement and opportunity to avail them- selves of post traumatic shock/stress counselling. For those of us who have had to deal with extreme violence in our practices, this type of exposure impacts our own psyches, but also has potential impact for our workplace, families, and the com- munities we serve, particularly if we are debilitat- ed by these experiences. Professional assistance is a critical resource to be accessed at the earliest opportunity, in effective, clinical debriefing. — excerpt from an online comment from VICTORIA LEHMAN The last word on Ezra's last word I am glad to see that it is Levant's last column in . — online comment from B FOD Despite B Fod's happiness, I am one who will miss Ezra Levant's column in the . No doubt B Fod is a bit befogged over the clarity of Ezra's columns here and elsewhere, and, like a true lefty, can only resort to sarcasm in tune with all his fellow howlers. — online comment from G LANGLOIS Send your letters to: gail.cohen@thomsonreuters.com www.CANADIAN Lawyermag.com FEBRUA R Y 2011 7 R e: "The 2011 er January last C anadian L a wy L h y ourts.ns.c de_inquiry_r c eport.pdf. a/h y R e: "Behind January the 2011 sc enes" de_inquiry/ a wy er w or d on Khadr" C anadian EXECUTIVE OFFICE OF NOVA SCOTIA JUDICIARy