Canadian Lawyer

10 O C T O B E R 2 0 1 7 w w w . C A N A D I A N L a w y e r m a g . c o m Life benchers were grandfathered a few years ago when Convocation implemented a number of governance reforms. These included limiting benchers to just three terms. Those who were life benchers before the change continued to be life benchers, but there were no new life benchers cre- ated after that for benchers who had served a particular number of terms. Former treasurers still, however, become ex-officio benchers after their term is complete. Bencher Michael Lerner says life bench- ers make a valuable contribution to the conversation, particularly in committees. "They may have something to contrib- ute to our current discussions. They may have been involved in decisions that we are currently reconsidering or reviewing," he says. "And that would certainly be helpful to our current deliberations to have the benefit of their experience and the nature of the discussion and the debate that occurred at the time that the issue was first before Convocation." Lerner says there should be at least one life bencher appointed to each committee. He says that when there are no longer any life benchers, Convocation will lose the practical experience and knowledge they can bring to its discussions. "Convocation will still be able to do its work, but it will have lost one resource that is currently available to it today," he says. Lerner also expressed some concern over what he said was an uneven standing between benchers from Toronto and out- side in positions of responsibility on the committees. In Convocation, 20 benchers are elect- ed from Toronto and 20 are elected from outside of the city. While in some com- mittees, there is not a chairperson or vice chairperson from outside of Toronto, there are committees that do not have Toronto benchers filling such positions. Lerner says there is still an uneven balance tipped in the favour of those in Toronto. Schabas, however, says that where the benchers come from was not a fac- tor in his decision-making and that he has simply tried to choose the best per- son for each position. — ALEX ROBINSON P ost-traumatic stress disorder — or PTSD — is gener- ally associated with the military or with front-line emergency workers such as police, fire or ambulance crews who can be exposed to horrific life-or-death situations.While it is something most lawyers do not want to talk about it, is now becoming increasingly apparent that members of the legal profession, particularly those who work in criminal or family law, may also be subject to PTSD. The Canadian Bar Association has acknowledged that lawyers are significantly more likely to suffer mental health issues than the general population and one of the issues is post-traumatic stress. The CBA says there is a stigma surrounding mental illness in the profession and that "a fear [among lawyers] of being seen as weak and potentially putting their jobs at risk leads them to suf- fer in silence." Unlike the struggles of lawyers, the difficulties jurors can face have been in the headlines recently. In Calgary earlier this year, there was a particularly troubling murder trial. Fifty-seven-year- old Douglas Garland was convicted of killing a Calgary couple and their five-year-old grandson. He is appealing that convic- tion. The testimony in his three-week-long trial was graphic and disturbing. The judge in the case, Justice David Gates, took the unusual step of specifically warning jurors before they retired that they might experience physical and psychological reactions. He cited the "length of the trial, the significant media and public interest in this case and, most particularly, the disturbing evi- dence that was introduced." Justice Gates added that while the symptoms may be distressing, "for most people they will quickly resolve." He told the jurors in open court that this was "part of the natural healing process." However, if the difficulties persist, the judge pointed out, counselling was available. Alberta and Manitoba provide coun- selling and support to jurors. To date, no such specific service is available in Saskatchewan. While the special difficulties jurors may face is gaining recog- nition, there are fewer targeted programs for lawyers, especially lawyers in private practice. And while jurors may be confronted with upsetting testimony once in their lives, some lawyers face extraordinarily troubling testimony over and over again. It can take a toll. A Manitoba Crown attorney is one of the few lawyers who has gone public with her struggles. Nicole Roch has been dealing with PTSD for more than three years. "There's no question many people in my [Manitoba Crown's] office have PTSD," she told the Winnipeg Free Press. One of the major stressors for Crowns is having to repeatedly and meticulously \ AT L A N T I C \ C E N T R A L \ W E S T REGIONAL WRAP-UP WESTERN CANADIAN LAWYERS QUIETLY ACKNOWLEDGE PTSD IN THEIR RANKS W E S T Michael Lerner says there should be at least one life bencher appointed to each committee at the Law Society of Upper Canada. LSUC life benchers concerned over shrinking role Continued from page 9

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