Hot Off The Press! #TLABC

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The spring edition of the Verdict is out… have you seen it? Print and digital editions are now available. Here is a look at what is inside:www.theverdictmagazine.com

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Hot Off The Press!

Issue 147-Page1.indd

Have you received your copy winter edition of the Verdict? Print and digital editions are now available. Here is a look at what is inside:

Actions, activities and tasks that occur prior to a trial are vastly different in criminal law and civil law, but one thing is common for the lawyers involved in any legal matter: You must be prepared; your client is counting on you. Proper management of a case typically involves a range of things. If you represent a person accused of a crime, your involvement will get increasingly heavy from the time of arraignment through to an interim or preliminary hearing. If you represent an injured plaintiff in a civil lawsuit, it’s highly likely you will need to be prepared for a full trial whether one happens or not, and you certainly will be front and centre in any pre-trial conferences or settlement discussions, as well as discoveries. The fall 2015 edition of the Verdict explores the pre-trial needs and responsibilities of today’s lawyers and litigators, the duties required when representing laypersons in BC….

Read your copy online today at www.theverdictmagazine.com

Hot Off The Press!

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Have you read our latest issue yet? Print and digital editions are now available. Here is a look at what is inside:

As Publisher of the Verdict, and on behalf of the magazine’s editorial board, it is with privilege that I present edition #146, themed: In Tribute. While bringing the Verdict to readers throughout the province of British Columbia is always an honour, this edition is distinct.

Early this summer, TLABC lost a terrific member, colleague and friend, Terry Napora. Beyond his professional designation, Terry was also a proud and dedicated father, husband and son, and a member of his local and legal community. The news of Terry’s sudden passing caused reason for pause and reflection. Many TLABC members and beyond were moved to impart their memories, and I am honoured to share them with you here in this edition.

In mid-July, the public was made aware of the extraordinary win against the government in J.P. v. Director of Child and Family and Community Services and Her Majesty the Queen in Right of the Province of British Columbia. After more than 150 days of trial, the plaintiff’s counsel, Jack Hittrich, proved malfeasance. Jack’s herculean work on this case is truly an inspiration, a story I am proud to bring you.

NOTE: For information on this case, please visit:

http://www.courts.gov.bc.ca/jdb-txt/SC/15/12/2015BCSC1216.htm.

Julia Chalifoux, Publisher, TLABC

Julia

The Art of Criminal Law – Part 2 – Relative Truth

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Continued from “The Art of Criminal Law – part One – A Recap” (read it here)

What struck me the most about the day was the common thread in many of the presentations – ‘what is the truth.’ 

In the search for justice, the burden of truth can be a very tricky thing.  Here’s why – in court, as in life, there is never just any one truth.  There are so many stories to be told, perspectives to be examined (and cross-examined) and relative realities to dissect.  Partial truths or missing pieces to a timeline, for example, don’t necessarily make those stories any less true… but to reach a decision, it will all depend on the subjective ‘truth’ in the narrative which is accepted.

Another element which can determine this process is something that one of our speakers from the criminal law seminar, Marie Heinen, called “the most complete, plausible truth.”  This means that not only must we sift through the truths of the prosecution and the defence, but add in the perception of the judge and jury, the influence of the media and the personalities of the lawyers and you’ve got yourself a multitude of stories to discern.  Every individual in that courtroom enters into the process with the bias of their own history, experiences and beliefs.  The business of getting to the most “complete, plausible truth” then, is in the composition of a strong, cohesive narrative which is based in fact and law.  The outcome will be determined, inevitably, by the recreation of a clear story that takes into account the fact that every aspect will be coloured by so much more than a basic ‘truth.’

Some say the main flaw in our justice system is in its humanity.  I would argue that this is its strength.  I would hope that the very fact that these many truths exist within one narrative is what allows our justice system to empower us to work towards an outcome which is fair, just and ‘true’.