Chapter 10: Judicial Internships & Clerkships
67 10.7 Wellness & Care in Judicial Internships
Asvini Kulanayagam and Maddy MacEachern
Introduction
Chapter 7 of this text discusses issues including burnout, compassion fatigue and wellness in more detail. These topics are applicable across the profession and not only in the context of judicial internships. As a judicial intern in particular, it is important to remain healthy emotional regulation and to provide balanced, well-supported written work. Reflections offer students a way to recognize and process the emotional states of the parties and externalize some of the heavy feelings that they carry with them after attending hearings. The reflection below provides one such example.
The Emotional Impact of the Criminal Justice System
On November 16, 2023, the jury in the trial of Nathaniel Veltman delivered their verdict in open court. Veltman had been charged with four counts of first-degree murder of four members of the Afzaal family and attempted murder of their young son. The court was packed with friends and family of the Afzaal family and members of the community to show support. Justice Renee Pomerance asked the public to refrain from visibly reacting to the verdict. Tensions were high in the gallery, and it felt as though everyone in the room was holding their breath as the foreperson read out the verdict: Guilty on all counts. Despite Her Honour’s instructions, the sounds of tears of relief and sorrow from the gallery were immediate.
Although I have no direct connection to the family or the Muslim community in general, having sat in on the trial for multiple days throughout its 10-week duration, I could feel my own emotions rising out of empathy for all the family and community had been through.
The Veltman trial was a highly publicized and highly emotional trial for many people, but the reality of my experience is most criminal matters draw on a variety of intense emotions, regardless of how big or small the matter might seem. Criminal matters are extremely personal, they intertwine many aspects of individual identity and leave a lasting impact beyond just the accused and the victim. Throughout my time observing court proceedings I have seen many outward expressions of sadness, grief, frustration, relief, and beyond.
These emotions are not always negative; they can also provide fuel for people to make great strides in making amends and working to improve their lives. For instance, a woman who had moved from Drug Treatment Court the previous week into the Mental Health Court spoke of the progress she had made and her steps to recovery. The Judge mentioned how at her last appearance in Drug Treatment Court people in the courtroom had applauded at all the progress she had made. She had been in a mental health crisis at the time of her mischief under $5,000 charge and had worked diligently to improve her circumstances since then. As she plead guilty to the charge and spoke of the work she continues to do she began to tear-up, as did her mother and support worker who had accompanied her that day. This was one of the success stories. The unfortunate reality is that this is rather uncommon to witness. Long-term, ignoring the emotional impact of working in criminal law can impair lawyers’ ability to work effectively with the accused, witnesses, and other lawyers.
Supports
The legal profession and law schools across Canada now recognize the troubling trends of anxiety, depression, substance use, and mental health concerns overall amongst lawyers, according to the 2022 National Study on the Psychological Health Determinants of Legal Professionals in Canada. By acknowledging these issues and holding space for more conversations about work-life boundaries and practices of care, we hope to further reduce the stigma and encourage students to be proactive in using the supports available to them while in school and beyond. In Ontario, law students and lawyers have free access to a Member Assistance Program funded through the provincial law society and LAWPRO. More information about counseling, peer support, and coaching options are available on the LSO website.
Likewise, many universities provide their students with access to mental health services, and may even have a counsellor that is dedicated to serving the law student population in particular. Academic supervisors are well-positioned to help students navigate their options through the school. Sometimes, the support needed may look like an academic accommodation or emergency financial support. There may be flexible ways to reduce and manage stressors before they reach crisis levels.
