Evaluation Report: The Barbra Schlifer Commemorative Clinic

Transcription

1 Evaluation Report: The Barbra Schlifer Commemorative Clinic September 15, 2010 Supervising Professor: Jasminka Kalajdzic Prepared By: Ashley Henbrey Saul Nosanchuk Social Justice Fellowship in Criminal Law J.D. Candidate, 2012 University of Windsor, Faculty of Law

2 Introduction As the 2009/2010 recipient of the Saul Nosanchuk Social Justice Fellowship in Criminal Law, I spent thirteen weeks at the Barbra Schlifer Commemorative Clinic (BSCC) in Toronto. Established in memory of Barbra Teena Schlifer, a young Toronto lawyer who was brutally sexually assaulted and murdered on the day she was called to the bar (April 11 th 1980), BSCC offers a range of services to women who have experienced violence including: counseling services, interpretation services and, of course, legal services. The legal department serves over 900 women per year, focusing primarily on family and immigration law, and secondarily on Criminal Injury Compensation Board claims. Approximately fifty percent of the legal department s clients are immigrant women or women of colour, and BSCC specifically aims to assist the growing number of women who do not qualify for legal aid and who also cannot afford to hire legal counsel. Description of Work Completed Overview: The work I completed at BSCC generally fell into one of two categories. Firstly, I performed a variety of tasks at the behest of my supervising lawyer, including: conducting legal research, drafting letters, organizing files and assisting clients directly. Secondly, I managed a Court Watch project for BSCC, which provided me with an opportunity to regularly attend Family and Criminal Court. The Court Watch project eventually formed the basis for my research paper, which critically examined amendments to Family Law that rendered restraining orders criminally enforceable. Weekly Breakdown: 2

3 My first week, BSCC organized a comprehensive orientation for myself and the four other law students summering at the clinic. Members of the legal department gave lectures on a range of topics including: Family and Immigration Law, Criminal Injury Compensation Board claims as a means of redress for victims of violence, and Access to Justice for certain demographics of women. While the social work department organized seminars on topics such as: domestic violence, cultural divides, language barriers and how to work with trauma survivors. Overall, I found the orientation extremely useful. It offered a comprehensive introduction to life at the clinic and the types of issues I would be confronted with throughout the summer. I greatly appreciated clinic s genuine interest in its summer students and their commitment to providing us with a strong foundation for our work. In my second week, I began working on my Court Watch project. I was given the task of examining the Family Statute Law Amendment Act 1 (hereafter the FSLAA), and reporting on its impact on judicial proceeding in Toronto s family courts. The FSLAA ushered in many significant changes to family law; however, my focus was on the effects of rendering restraining orders criminally enforceable. I attended the Ontario Court of Justice- Family Court, at 47 Sheppard St. and 311 Jarvis St., for three consecutive weeks, noting: whether restraining orders are issued more or less frequently; if family lawyers are seeking other restrictive orders, instead of restraining orders: and if judges are requiring higher evidentiary standards. 1 Family Statute Law Amendment Act 2009, S.O C. 11 (hereafter FSLAA), amending Family Law Act, R.S.O c. F.3 [cited to FLA], Children s Law Reform Act, R.S.O. 1990, c. C.12 [cited to CLRA]. Child and Family Services Act, R.S.O. 1990, c. C11 [cited to CFSA]. This Act received Royal assent on May 14 th 2009, however, s. 46 of the FLA, s. 35 of the CLRA, and s of the CFSA, which relate to restraining orders came into effect October 9 th. 3

4 Despite the small-scale of my project, the data I collected was useful to the clinic s family lawyers, impacting how they advised their clients and formulated their legal arguments. I benefited enormously from the regular exposure to the Family Court proceedings. In conducting my research, I spoke with many Justices and lawyers, I learnt a great deal not only about family law, but also about advocacy, judicial decision-making, and civil procedure. At the end of the three weeks I returned to the clinic to summarize my findings, and create tables of data, in order to make the information more accessible to all the staff in the clinic. From my fourth week onward, I worked closely with my supervising lawyer, assisting her with a range of client files. I truly enjoyed completing discrete tasks such as, sittingin on client meetings, organizing files, drafting letters and conducting research. From this work I believe I garnered a better understanding of the daily life a legal clinic lawyer and the types of challenges confronting a legal clinic. Towards the end of my term I also completed non-typical legal work. I created an Internet Wiki for the BSCC Family Law Department, which enables lawyers working with the clinic to access, and share, case law research relating to domestic abuse. Evaluation of the Host Organization My overall work experience at the clinic was phenomenal. The legal department and social workers were exceptionally friendly and welcoming. My direct supervisor was attentive to my needs and genuinely interested in hearing my opinions. 4

5 Challenges encountered: Despite the general feeling of satisfaction I have in regards to my placement, there were some challenges. Similar to most legal clinics, resources at BSCC are scarce and there is often a need to make do with what is available. Furthermore, at the end of my placement my supervising lawyer was frequently absent due to a family emergency and scheduled vacation time. When she was absent I was in-charge of arranging my own work (i.e. completing research or asking others in the clinic if they needed assistance), and at times I found this challenging. I assisted the director of the legal services from time to time, but given her position, she simply did not have the time to respond to my questions or requests. In hindsight, I believe it would have been more beneficial for the clinic, and myself, if tasks had been more clearly outlined prior to my supervising lawyer s departure. I believe that detailed planning is an essential part of any fellowship, and the fellow and the host organization will benefit the most if work is outlined in advance. Reflections: Overall, I was most surprised by pressing need that exists for BSCC s services. The number of calls that BSCC receives on a daily basis from victims of violence is astounding. The lawyers and intakes workers at BSCC are constantly struggling to cope with the demand. The clinic is forced to turn away many, often directing them to other resources, which are likely to be similarly burdened. 5