Lawyers warn of dangers in Criminal Code changes
Cassandra Beaulac is a thirdyear law student who volunteers at Windsor’s legal aid clinic as a means to gaining practical experience, but that vital help may soon no longer be welcome. Since joining the staff at Community Legal Aid, Beaulac has helped marginalized clients with minor offences.
She’s worked with people facing Highway Traffic Act charges for not wearing a seat belt or driving without insurance.
She’s handled some minor assault charges and others related to uttering death threats. “Uttering death threats is a big one we get around here,” the Toronto native said.
Many of the low-income clients who walk through the doors of the Ouellette Avenue clinic can’t afford a lawyer but have been turned down for legal aid. Getting guidance from a law student is often “their last line of defence,” Beaulac said. Sweeping Criminal Code changes proposed by the federal government would effectively sweep law students like Beaulac out the door of legal clinics across the country. Changes contained within Bill C-75 seek to extend possible sentences for summary conviction offences to two years from six months.
Law students working under the supervision of lawyers are not allowed to represent a client facing a possible sentence longer than six months.
“Clinics for the last 40 years have always provided this (student) service,” said Marion Overholt, executive director of Legal Assistance of Windsor and Community Legal Aid. “Denying law students the opportunity to represent clients who are charged with summary conviction offences creates both an access-to-justice issue for the clients and it will adversely affect the students’ opportunities in experiential learning.” Overholt, defence lawyer Dan Topp and University of Windsor law professor Gemma Smyth held a news conference Tuesday to air their concerns about the proposed changes.
“This will have serious impacts for those clinics across the country as well as here in Windsor-Essex,” said Smyth, who was also there as the president of the Association for Canadian Clinical Legal Education (ACCLE).
Topp feared the justice system could “grind to a halt” under the weight of an increased number of unrepresented litigants who don’t know how the system works. “It’s already a race car in the red,” he said. “It’s very, very stressed-out at this point. The issue is when is the breaking point on the system?” All three legal experts are sounding the alarm and asking the federal government to amend the proposed legislation to allow law students to continue their work in clinics on what Topp described as “these small petty crimes.” Smyth noted people who commit “one-time minor crimes are disproportionately young people and women who are in terrible circumstances. They need a hand and they need legal representation.” “We strongly believe the government cannot have meant to strip people of their ability to access legal representation,” Smyth said. “It’s not the spirit of this bill. It does aim to streamline the courts but at what cost?”
The proposed changes are designed to reduce the number of jury trials and preliminary hearings and move more cases out of Superior Court.
“We’re collateral damage to all this,” said Topp, who sits on the advisory board for Legal Assistance of Windsor.
Overholt notes the clinic is currently dealing with 20 to 30 ongoing criminal cases involving summary conviction offences and that, over the course of the academic year, they use the services of 120 law students.
“It’s such an excellent opportunity to work with a live client under the supervision of a lawyer and see what the practice of law is really about,” Overholt said. Beaulac intends to pursue a career in criminal law, noting the clinical experience she’s gained has been “an absolutely wonderful opportunity. I get to see what it’s actually like to represent a client, to prepare submissions and consult with Crown attorneys and the police. This gives you practical experience.”
Overholt said the group has written Canada’s federal minister of justice and has reached out to several Members of Parliament who were former legal clinic students themselves.
The ministry’s justice committee will consider Bill C-75 in the fall.
“We’re hoping the government will hit the pause button and do some consultation,” said Overholt, adding the proposed sentencing changes would also have an adverse affect on those in the immigration system who are facing charges.