Today, I attended my friend's sentencing in the magistrate court to offer support. My primary role was to ensure that my friend, who has a cognitive disability, understood the proceedings and could make informed decisions in his best interest. I also took detailed notes of the discussions, which would serve as a reference for him, especially if he needed clarification on what was said during the court appearance.
My friend is a 20-year-old Indigenous individual with ADHD and ASD, who has faced chronic homelessness in recent years. He has been disadvantaged in numerous ways, including his upbringing in the child protection system, which has left him vulnerable within the justice system.
During his first appearance several weeks ago, I accompanied him to meet with the ATSILS legal team. Unfortunately, I felt that our concerns were not prioritized. The team did not permit us to fully explain his circumstances or provide him with a clear understanding of the situation.
In response, I sent an email to ATSILS detailing my friend's challenges and urging them to provide the necessary support. I expressed our feelings about not being heard during our initial meeting.
Today was my friend's sentencing. I attended not only to provide emotional support but also to ensure he understood the discussions involving him, his lawyers, and the court.
During our pre-court meeting, I noticed we were paired with the same lawyer from before—the same one I had previously raised concerns about in my email to ATSILS. While the discussion proceeded reasonably well, it became apparent that the lawyer was not pleased with my questions or the points I raised regarding my friend's case.
Once in the courtroom, the prosecution presented their case, which initially appeared favorable toward my friend. However, we learned that parole was objecting to the lighter sentence proposed by the prosecution and suggesting a harsher penalty. It seemed that after I provided information in my email, the parole board reconsidered and accepted a sentence of probation. Parole then requested a break to ensure my friend understood the proceedings. I asked to join the discussion and was allowed to do so. However, at the end of our conversation, they indicated they wished to speak to my friend alone, and I voluntarily stepped out.
After this talk, the lawyer instructed my friend to remain alone while speaking with him. When they finished speaking they heading for the courtroom and walked past me and the lawyer said while pointing at me "You stay out of the courtroom,". I was taken back and confused about what I should do. I didn't really think at the time does he have the power to say this to me ? probably not right ? I was merely there as a support person, assisting my friend in understanding the implications of the decisions being made and taking notes for him. Feeling taken aback, I stepped outside, unsure of what had transpired. Legally, can a lawyer request that a support person leave an open courtroom, or is this only a magistrate's authority?
As a result, my friend exited the courtroom unsure of what had occurred. He could only recall having received probation but was unclear about the duration, conditions, or the magistrate's instructions. He also left without any documentation detailing his obligations.
This situation has left me confused and concerned. I want to clarify that I am not involved in my friend's offences whatsoever. I was simply there to support him. My friend often needs extra time and assistance to process information, especially in a distracting environment.
He was charged with breaching parole for missing a parole appointment, along with several drug possession charges and failing to comply with police directions regarding a missed phone appointment for drug diversion.
Given his communication difficulties, homelessness, and general lack of organizational resources, it seems unreasonable to convict him of five offenses for merely failing to make a phone call he forgot due to these challenges. In my email to ATSILS, I suggested submitting a request to the prosecution to withdraw the charges if my friend could attend another appointment, considering his circumstances. The ATSILS lawyer, however, seemed dismissive of this option.
Now, I am at a crossroads and seeking advice on the best course of action. Should I file a complaint with ATSILS or the Law Society regarding the legal representation my friend received. Specifically having his support person removed from his appearance and not being able to assist him when needed.
I would greatly appreciate any insights or guidance on how to proceed. Thank you for your support.
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Feel free to adjust any details or language to better match your voice or the specific audience you are addressing. If you have additional context or want further changes, let me know!
My friend is a 20-year-old Indigenous individual with ADHD and ASD, who has faced chronic homelessness in recent years. He has been disadvantaged in numerous ways, including his upbringing in the child protection system, which has left him vulnerable within the justice system.
During his first appearance several weeks ago, I accompanied him to meet with the ATSILS legal team. Unfortunately, I felt that our concerns were not prioritized. The team did not permit us to fully explain his circumstances or provide him with a clear understanding of the situation.
In response, I sent an email to ATSILS detailing my friend's challenges and urging them to provide the necessary support. I expressed our feelings about not being heard during our initial meeting.
Today was my friend's sentencing. I attended not only to provide emotional support but also to ensure he understood the discussions involving him, his lawyers, and the court.
During our pre-court meeting, I noticed we were paired with the same lawyer from before—the same one I had previously raised concerns about in my email to ATSILS. While the discussion proceeded reasonably well, it became apparent that the lawyer was not pleased with my questions or the points I raised regarding my friend's case.
Once in the courtroom, the prosecution presented their case, which initially appeared favorable toward my friend. However, we learned that parole was objecting to the lighter sentence proposed by the prosecution and suggesting a harsher penalty. It seemed that after I provided information in my email, the parole board reconsidered and accepted a sentence of probation. Parole then requested a break to ensure my friend understood the proceedings. I asked to join the discussion and was allowed to do so. However, at the end of our conversation, they indicated they wished to speak to my friend alone, and I voluntarily stepped out.
After this talk, the lawyer instructed my friend to remain alone while speaking with him. When they finished speaking they heading for the courtroom and walked past me and the lawyer said while pointing at me "You stay out of the courtroom,". I was taken back and confused about what I should do. I didn't really think at the time does he have the power to say this to me ? probably not right ? I was merely there as a support person, assisting my friend in understanding the implications of the decisions being made and taking notes for him. Feeling taken aback, I stepped outside, unsure of what had transpired. Legally, can a lawyer request that a support person leave an open courtroom, or is this only a magistrate's authority?
As a result, my friend exited the courtroom unsure of what had occurred. He could only recall having received probation but was unclear about the duration, conditions, or the magistrate's instructions. He also left without any documentation detailing his obligations.
This situation has left me confused and concerned. I want to clarify that I am not involved in my friend's offences whatsoever. I was simply there to support him. My friend often needs extra time and assistance to process information, especially in a distracting environment.
He was charged with breaching parole for missing a parole appointment, along with several drug possession charges and failing to comply with police directions regarding a missed phone appointment for drug diversion.
Given his communication difficulties, homelessness, and general lack of organizational resources, it seems unreasonable to convict him of five offenses for merely failing to make a phone call he forgot due to these challenges. In my email to ATSILS, I suggested submitting a request to the prosecution to withdraw the charges if my friend could attend another appointment, considering his circumstances. The ATSILS lawyer, however, seemed dismissive of this option.
Now, I am at a crossroads and seeking advice on the best course of action. Should I file a complaint with ATSILS or the Law Society regarding the legal representation my friend received. Specifically having his support person removed from his appearance and not being able to assist him when needed.
I would greatly appreciate any insights or guidance on how to proceed. Thank you for your support.
---
Feel free to adjust any details or language to better match your voice or the specific audience you are addressing. If you have additional context or want further changes, let me know!
