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w w w . C A N A D I A N L a w y e r m a g . c o m O C T O B E R 2 0 1 7 11 examine evidence during trial prepara- tion. "I may look at [a file] 21 times. I may review the blood spatter evidence 50 times before I put that testimony before the court . . . you're continu- ally going back to it, again and again, because it's your responsibility," she told the newspaper. The Law Society of Manitoba has a strictly confidential health and wellness program to assist the profession through personal struggles. While the program deals with a range of mental and emo- tional difficulties, not just PTSD, close to 95 members used the service last year. Judges are also subject to pressure when they reside over difficult cases. In fact, the Alberta juror support program was modelled on a similar program already in place to assist judges in the province. Judges have a professional and legal obligation to prevent personal prob- lems from intruding on their work. One of the very few judges to speak out about the pressures of overseeing difficult trials is now-retired Ontario Superior Court Chief Justice Patrick LeSage. He presided over the high- profile Paul Bernardo murder case in 1995, which included extremely trou- bling videotape evidence surrounding the kidnapping, torture and killing of three teenage girls, something LeSage has said he has never got over. After the trial, he ordered counselling for the jurors. And in spite of being a veteran Crown counsel and judge at the time, he has acknowledged he personally sought counselling after the trial. He has also said he declined to preside over Bernardo's subsequent dangerous- offender hearing. Shannon Prithipaul is the former head of the Edmonton-based Criminal Trial Lawyers Association. She says reviewing crime scene or autopsy photos can be troubling and finds child pornography cases especially disturbing. Prithipaul says lawyers are often reluctant to acknowledge these feelings because they are concerned about appearing "weak" or "not up to the job." She also says lawyers can be in for difficult surprises. Prithipaul recalls han- dling a minor careless driving ticket that had resulted in the accidental death of two children. Unexpectedly, it became "the hardest case I have ever had," she says. "Lawyers have to be careful," Prithi- paul says. "Forget the god complex; you can't take every case." Personally, Prithipaul restricts the number of cases she handles at the same time that involve deaths. But she acknowledges that while well-established counsel can pick and choose cases, that is not the case for young lawyers or Crown attor- neys. She says an ambitious Crown may be very reluctant to be seen as avoiding difficult or gruesome cases. While judges such as LeSage and Roch have had the courage to speak out about PTSD, in the legal profes- sion, it remains largely the condition that dare not speak its name. — GEOFF ELLWAND \ AT L A N T I C \ C E N T R A L \ W E S T REGIONAL WRAP-UP Choosing a personal injury lawyer is one of the most important decisions an injured person will make. Help your client ask the right questions: Is the lawyer... • selected by peers for inclusion in Best Lawyers in Canada • rated 5 out of 5 AV Preeminent - Martindale Hubbell • selected by peers for inclusion in Lexpert, Canada's Legal Lexpert Directory • a Director or Past President of the Ontario Trial Lawyers Association • a Certified Specialist in Civil Litigation CREDENTIALS MATTER A Noticeable Difference ™ TORONTO I BAR R IE I HAMILTON I K ITCHENER 1-866-685-3311 w w w.mcleishorlando.com C A N A D I A N L AW Y E R M A G A Z I N E cLeishOrlando_CL_Aug_17.indd 1 2017-07-14 12:54 PM

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