Presenters Sylvie Doiron Omar Sherman • • Sylvie Doiron studied law at the University Omar Sherman is a graduate of both the of Moncton, was called to the Bar in 1990 University of Nairobi and University of and has been practicing criminal law ever Windsor. His practice is currently since. She started her career as a Criminal concentrated in the areas of Family and Duty Counsel and was an Assistant Crown Criminal Law. Omar Sherman works as Attorney in Halton. She worked in private phone Duty Counsel for persons practice before becoming a Criminal Duty detained by the police or Canada Border Counsel Supervisor at the North York Services Agency (CBSA) and also Courthouse, a position she occupied for 12 currently works on a part time basis as years. She then joined the Legal Aid Ontario an advice lawyer with the Customer Head office and now works at the Client Service Center at Legal Aid Ontario. Service Center and in the Legal Services Development Department.
Helping Clients Deal with Criminal Arrest As Community Agents, you can help clients understand the issues and processes and help them deal with a very complex court system
Welcome Thank you for joining Legal Aid Ontario’s webinar • This webinar looks at some of the legal issues facing people at point of arrest to help understand how we can minimize stress for clients who may face criminal charges • The webinar is divided into 3 sections with a short break for questions after each. We have listed a few questions in each section to kick start the discussion but encourage your participation too • We hope you enjoy it and we look forward to hearing your comments and feedback
Overview 1. Legal Rights 2. Vulnerable Clients 3. The Criminal Charge Cycle and Bail Hearing Process 4. Services and Supports
Section 1 - Legal Rights In 1990, the Supreme Court of Canada held in R. v. Brydges that it was the duty of the police, in accordance with s10(b) of the Charter of Rights and Freedoms, to advise all persons who are arrested or detained of the existence and availability of duty counsel services and legal aid plans. In accordance with this requirement, the Brydges Duty Counsel Service was established. • The Brydges Service is available to anyone who has been detained or arrested in Ontario, regardless of whether the person qualifies for legal aid.
Brydges Process 1. The law enforcement agency informs a detained or arrested individual of the right to retain and instruct counsel without delay, the right to contact any lawyer (including the availability of prompt free advice from duty counsel) and the availability of legal aid services. 2. If the accused wishes to speak with duty counsel, a law enforcement agency employee dials 1-800-265-0451 and leaves a scripted voice-mail message that includes his or her name and telephone number. 3. A duty counsel lawyer returns the call and the law enforcement agency records the name of the duty counsel before arranging a private solicitor-client conversation.
Question Period
Q & A’s 1. What about clients who do not understand what the police are saying due to language or mental health issues? 2. What if a client gives up this right not understanding its implications? 3. Do police listen to the calls? Is adequate privacy offered at police station or wherever the call is made? 4. Are services offered in different languages? 5. Are there Aboriginal lawyers available? What about other cultural representation? 6. Is service always prompt?
Section 2 - Vulnerable Clients • Mental Health • Aboriginal and other Cultures • Domestic Assault • Youth Issues • Support to help them understand their rights • Support when facing serious or complex charges • Support maneuvering in our complicated court system • Support to help prepare them for court appearances • Support to connect them to court services
Question Period
Q & A’s 1. What happens if a client resists arrest which results in additional charges resulting from a mental health issue? 2. What happens to clients with physical disabilities? 3. Are clients under the influence (drugs/alcohol/medication) considered disadvantaged and how does this affect point of arrest services provided to them? 4. What if the police do not fully advise clients about their rights?
Section 3 - The Criminal Charge Cycle Charges are laid by police or Justice of the Peace Fingerprints and pictures are taken at police station Appearance in Court Resolution of charge
Criminal Charges • Common Charges: 1. Shoplifting 2. Domestic Assault 3. Possession of Drugs 4. Fraud (cheques) • Other more serious charges: 1. Break and Enter 2. Theft Over 3. Assault Causing Bodily Harm
After the Arrest 1. Release from scene with an Appearance Notice 2. Release on your own Recognizance from police station 3. To Court – Bail Hearing o Released by JP o Detained o Plead Guilty
Bail Hearing Process • What is a Bail Hearing • How can Duty Counsel help your clients? • How can Community workers help a client in court? • How can a client prepare for a Bail Hearing? • Role of a surety – responsibilities; release plans • Bail Conditions – importance
Resolution of Charges • Guilty Plea/Sentences (types) • Diversion • Withdrawal of charges • Peace Bond • Definitions • Consequences • Warnings
Making a Client Feel Supported As front line workers LAO staff and Community agency staff “I just have one short question…” provide many common services: Confidential conversations to help 1. guide and advise clients “I don’t understand how Personalized information and legal this court system works!” 2. assistance to understand court processes and procedures Specialized coordination to help clients 3. understand court processes and put the pieces together for their court “I wish I had help to figure cases out what to do next” Personal and attentive care to explain 4. best options and next steps in a friendly and simple manner
Question Period
Q and A’s 1. What happens if a client forgets to attend court? 2. How does a person turn themselves into police? 3. What should someone with an outstanding warrant for arrest do? 4. Does a person need to have a lawyer for a bail hearing? 5. Are Duty Counsel experienced in bail hearings? 6. How can charges be dropped? 7. How do you change bail conditions?
Wrap Up 1. Criminal charges and arrest can be very stressful for clients 2. As front line agents, we can help minimize the stress for these clients by helping prepare them for court appearances – with information; guidance on what to expect at court; direction to self-help websites; referrals to LAO SLA lawyers; clinics or Duty Counsel 3. Legal community partnerships are becoming essential to bring professionals together to deal with the clusters of “problems” that clients are increasingly facing in their every day lives 4. As a holistic service team, it is our job to help them differentiate problems and figure out basic next steps
Legal Aid Ontario In Court Services… • Criminal Duty Counsel; Per Diem Duty Counsel • Helping vulnerable clients – Section 85 appointments; Gladue court • Certificate Program • Bail/Pleas/Set-date court services • JOT workers • A legal information resource from Legal Aid Ontario http://www.lawfacts.ca/ • 1-800-668-8258 or 416-979-1446 during regular business hours.
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