Guest Speaker Johnette Royer Nova Scotia Legal Aid

Law 12 Guest Speaker Legal Aid Ms. Ripley

Guest Speaker – Johnette Royer – Nova Scotia Legal Aid Overview

Graduate – Law School – 1983 – out of law school and she helped start the legal aid in Nova Scotia. Started with a handful of lawyers, small office space (2 rooms), and legal aid lawyers they had a bad reaction from other lawyers and judges who didn’t support the program. Paid lawyers (private sector) would represent clients on pro- bono – and a limited number of cases that they could do and they were paid by the case. The individuals who couldn’t afford it then wouldn’t have a lawyer as private lawyers wouldn’t take them on. Legal Aid turned out to be a very good thing – we don’t have people stumbling around in our court rooms because they have proper representation and then we became more and more accepted. We are an integral part of the Nova Scotia legal system. We do the majority of criminal work that goes thru the courts in Nova Scotia. We do the majority of the work in family courts that go thru this province. Managing Lawyer with Nova Scotia Legal Aid! Been there for 24 years. Legal Aid – we all went to law school – we all have law degrees. We are lawyers. There is no such thing as a Nova Scotia legal aid lawyer and a real lawyer – there is no difference. Lawyers come to legal aid – they are interested in the type of law that we do. Criminal work and Family work – those are the two main areas of focus. Youth criminal justice matter – you can come to legal aid and be provided on representation on criminal code matters but not by law issues/wild life act issues. If you are 19 and you can qualify for legal aid and we’ll represent you in the adult courts. Guidelines based on your income – if your income is 1067 you would qualify for assistance from legal aid. We have a sliding scale as it goes up. Adult - First offence – shoplifting, causing a disturbance – we do not represent because they are minor offences. We could give you advice on that – but we don’t represent- why? There are 4 lawyers in our office and we do Lunenburg County and Queen’s county. All the representation for those two counties. We try to do only the more serious adult stuff. We don’t have the manpower to represent everyone.

Mixed Practice Family and Criminal We have 65 lawyers across the province. Every county has at least one legal aid office. Staff - We are a large law firm, but are broken down into offices into the various regions. We have paralegal’s, researchers, full time librarian, legal researcher – updates on the law, computer expert, lawyer operates out of Halifax – practice of poverty law, forensic criminal practice – he represents majority of individuals – insanity defence – he is a specialist found to be not responsible due to mental issues. Many individuals who specialize. In Sydney/Metro we have a criminal and a family unit. Arrest, Investigation. - Reasonable and probable grounds to what police can. Do we deal with other lawyers – crown attorney? Child protection work family and children services. We represent guardians who look after young children. Law 12 Guest Speaker Legal Aid Ms. Ripley

Career Law Degree required – 100% exams at the end of the year, no marks up to that point, if you fail the year then you have to repeat the year. Clinic Program – Dalhousie Legal Aid – course – clinic program – working under the direction of the lawyer Articles – year long program – apprenticeship – we do take article clerks for their required year long. Undergrad, can apply for after 2 years, LSATS, Law Degree – 3 years, Articling 1 year Bar Admission Exams, Ticket to practice Paralegal – program 2 years taught thru community college gets more training than a legal secretary, they do forms/documents/interview witnesses, and they work as an assistant to a lawyer. Simple things in the court systems – in Nova Scotia it is not allowed. Amherst office – all correction works, Dorchester and renuse – federal offenders. He appears with them on the parole board. One in King’s, Amherst and Halifax. Property – house closing. Salary Range - $25,000-$30,000 Legal Aid – Salary - $45,000 to $100,000 Range, Benefits- Pension Plan, Life Insurance, Bar Fees/Insurance Paid, Medical and Dental – it is like working for someone, you don’t have the headaches for the money or have to sue in case the client doesn’t pay you. If you don’t like someone you have to accept them. There are pro’s and con’s in the system. The salary comes from Case load – 100 files, the other lawyers are doing around 125 – criminal to family to child protection matters, covered at least 1000 clients in a 12 month period. Private Practice – set your own hours, type of work that you do, the type of client that you accept Lawyer – secretary, bar fees, insurance ($5000 each year), overhead costs of the building Brittany approaches the smokers – Brittany hands something to someone and they hand something back. Does he have reasonable probable grounds for a search– drug exchange? What the he has a reasonable suspicion – that Brittany may be engaged. Brittany hands something to someone who has a known drug trafficking- does it bump it up to probable and reasonable grounds. Are you party to an offence? Shopping with friends. Did you assist the friends? Did you act as a lookout? The fact that you were present doesn’t mean that you are party to an offence. Aiding and abetting. If you are aiding a fight or encouraging. Guilty due to party of an assault. Knowledge of what is going on. There is going to be a fight and it’s going to happen at 5pm, you guys show up.

Police Used to routinely meet with the police officers and deal with the system very quickly. Police are at much more of a distance. The Crown Attorney – deals with the police officers – he/she have the relationship with the crown attorney. Crown Attorney has to deal with the police officers. Some officers have a real sensible approach to policing. Some of them that they will see on a common basis. Another officer – like a parent from hell – everything is black and white. If the cop is tired of him, then he wants to jail him. But then the crown would have to talk to them. If you can’t do the time, don’t do the crime. Law 12 Guest Speaker Legal Aid Ms. Ripley

Legal Aid Police officers did a bad search – he didn’t read me my rights. Research – criminal code. Pete – full librarian on staff, research assistant, trained in the area of legal research. Here are the recent cases and precedent’s. Update this case for me to see if there are other cases out there. Work together as a team Articles – writing articles on the law – outline for you what the most recent law is. Textbooks on the law. Look at the criminal code and we talk to other lawyers. Making case law – you can’t find anything – so you make new law. Court of Appeal Supreme court of Canada – brilliant minds