McKenzie friend is gaining support in court

BREANNE MASSEY STAFF REPORTER breanne@kamloopsthisweek.com

As the number of people opting for selfrepresentation in court continues to rise in Kamloops due to both the cost and lack of available lawyers, community advocates are encouraging the public to educate themselves about support services available.

Kamloops and District Elizabeth Fry Society senior lawyer Odette DempseyCaputo and her team are urging the community to learn more about the benefits of having a McKenzie friend for support and assistance in court proceedings.

A McKenzie friend is a support person who sits alongside someone appearing in court without a lawyer. The name is tied to a divorce court case in England in 1970, when Levine McKenzie appealed the decision of a judge who disallowed his having a friend sit beside him during a previous trial.

“Generally, you’re not allowed to speak, so normally you have to sit behind the bench, but you can ask for that [support person] the day of the trial,” Dempsey Caputo said.

While anyone can act as a McKenzie friend, the decision about their presence in the courtroom is ultimately at the judge’s discretion to ensure equality among both parties.

If a judge gives permission to a trusted family member, friend or social agency representative, a McKenzie friend can sit at the front of the courtroom to take notes, organize documents, make suggestions, provide emotional support, listen to the courtroom discussion and do any other tasks approved by the judge. However, their roles and expectations must clearly be defined and approved by the judge in advance.

“There are no guidelines about how to self-represent in court,” said Elizabeth Fry family law advocate Stephanie Ostojic.

“You don’t train to become a lawyer or expect to speak to a judge, so it just provokes more anxiety and fear. There’s pressure to say the right thing. There’s pressure to say which way your course is going to go.”

At Elizabeth Fry in Kamloops, clients are scheduled for a free intake appointment to gather information about their situation, income and employment. Afterwards, legal advocates in Kamloops and Kelowna may review and provide suggestions on legal documents before they are filed.

Ostojic said that backups at legal aid have resulted in a greater need for support in navigating the legal system, especially in family law matters.

“Lots of people can’t afford a lawyer,” Ostojic said. “Everybody has other things going on. If another lawyer is involved, we do try to help, especially with legal aid because they only have so many hours. So I’ll help with paperwork. I’m the third party that can provide that sort of information and service. If they have retained a lawyer, they should always speak to me. We don’t want them to lose their lawyer due to lack of

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trustand confidence.”

Ted Murray, executive director of the TRU Community Legal Clinic, said it can fill a McKenzie Friend role for people dealing with small claims matters, but added that, because the clinic has article students, it usually provides full representation.

However, Murray said the clinic offers very limited services for family matters due to the funding structure of the model.

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