Vol. 30, No. 48 April 29, 2011 www.lawyersweekly.ca VOL. 22, NO. 27 NEWS FOR THE LEGAL PROFESSION DECEMBER 6, 2002

Court quashes

LATE CHIEF JUSTICE ANTONIO LAMER

Highlights

COPY AND PASTE

psychiatric

A trial judge copies plaintiffs’ submissions without acknowledgment

committal order

PAGE 2

to ‘force government’ to
deal with shortage of beds DIFFICULT CLIENTS THE LAWYERS WEEKLY Vol. 22, No. 27 NEWS FOR THE LEGAL PROFESSION December 6, 2002
Lower court attempting

Health Centre could accommo-
date him two days later and that
a committal order would result in
Hameed Al-Sherewadi being
refused admission to CAMH and
returned to a Toronto police
holding cell.

THOMAS CLARIDGE TORONTO

“The hearing judge declined to make the treatment order. Instead, she issued a warrant of committal and directed that Mr. Al-Sherewadi was to be taken ‘forthwith to CAMH or designate.’ As predicted, Mr. Al-Sherewadi was refused admission to CAMH and wound up in a holding cell at 51 Division.”

Dealing with personal injury clients’ demands

An Ontario Superior Court judge has quashed a lower court order committing to a psychiatric facility an accused who had been found unfit to stand trial and substituted a treatment order allowing the man to be jailed until a bed was available at the facility.

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BLOOD SAMPLES

REUTERS / POOL OLD

THE LAWYERS WEEKLY

In overturning the committal order of Ontario Court Justice Mary Hogan, Justice Ian Nordheimer said placement in detention centres was far preferable to having such a person languish in police lockups.

LAWYERS WEEKLY EXCLUSIVE: Antonio Lamer, the then-Chief Justice of Canada, immediately offered to resign when his fellow Supreme Court of Canada judges first approached him in 1999 with their concerns about his drinking and job performance.

See story on page 3

Noting that similar committal
orders were being issued by other
Ontario court judges as a means
of getting speedy treatment, Jus-
tice Nordheimer said whatever
problems there were with hold-
ing such persons in detention
facilities rather than proper med-
ical facilities, “they pale in com-
parison with the problems asso-
ciated with holding such persons
in a police division.”
Justice Nordheimer said he
had been faced the previous week
with three similar situations
where warrants of committal led
to persons being held “at various
police divisions.” He portrayed
the Al-Sherewadi case as part of
“an ongoing battle that arises
from the lack of available forensic
beds at psychiatric facilities in
this province, but particularly at
CAMH, for the treatment of per-
sons who are involved in the
criminal justice system but who
have mental health issues.”

Noting that the Criminal Code sets up a structure for dealing with those either found unfit to stand trial or not criminally responsible, he said the “obvious objective is to provide appropriate medical treatment for these people until they are fit to stand trial or are otherwise dealt with by the Ontario Review Board.”

Judges open to having more paralegals in court: LSBC

VOL. 22, NO. 27 NEWS FOR THE LEGAL PROFESSION DECEMBER 6, 2002

JEREMY HAINSWORTH VANCOUVER

responsible for the work of those people are supervising them effectively.

In allowing a bid for judicial
review of the committal order
from the Centre for Addiction
and Mental Health (CAMH), he
said Justice Hogan had been told
CAMH had no beds available but
the Penetanguishene Mental
Law Society of B.C. (LSBC)
president Gavin Hume says prov-
incial court judges appear com-
fortable with the idea of paralegals
and articling students providing
services to clients in the courts
while B.C. Supreme Court justices
are slowly warming to the idea of
moving into new territory.

“The law society is also encouraging lawyers to unbundle their services and offer to help clients with part of a case, instead of the entire case, which can reduce legal fees and cut down on the number of people going to court without a lawyer,” Hume said.

However, issues had arisen
regarding the timing of the
receipt of proper treatment and
access to forensic beds in appro-
He told benchers April 15 the
move to broaden the scope of work
for paralegals and articling stu-
dents is part of the society’s work to
ease public access to justice.

Hume said a significant portion of the population cannot afford legal help or make too much to qualify for free help.

THE LAWYERS WEEKLY

See CAMH Page 8

But, he added, the real issue
is ensuring the lawyers who are
“I think it is safe to say that all
those in the legal community agree
that this is unacceptable,” he said.

See Paralegals Page 5

2002

PUBLICATIONS MAIL AGREEMENT NO. 40065517

Controversy rages over privacy and consent

PAGE 15

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