When Osler associate Brodie Noga was presented with the opportunity to be co-counsel on a pro bono case with a colleague from law school, he jumped at the offer. The experience has not only given him the satisfaction of helping a complainant with limited means but has allowed him to stretch his talents in new directions.
Brodie has an important role in a historic case before the Canadian Human Rights Tribunal about the rights of Deaf people in federal prison.
It is widely acknowledged that Deaf people in prison face extreme isolation, which has severe psychological effects and makes it much harder for them to access and succeed on parole. Correctional Service Canada (CSC) currently has no policy outlining how it will accommodate people with disabilities in prison and, in particular, people who are Deaf. They also have no policy on when American Sign Language (ASL) interpreters will be provided, leaving many deaf people in prison without access to effective communication. Further, the Video Relay Service (VRS), which is how Deaf people in the community use the telephone, is not available in prison. Instead, a teletypewriter is used, which is a cumbersome and outdated technology that often scrambles messages.
This case is brought by a Deaf Métis man who experienced intense isolation in federal prison due to CSC’s failure to provide sufficient access to ASL interpreters and access to VRS. This failure interfered with his ability to maintain contact with his family, receive medical services, take part in Indigenous cultural and spiritual practices, work with prison staff, succeed in the community, communicate with legal counsel, and participate in the daily life of prison.
To date Brodie has devoted approximately 200 pro bono hours to this case. Articling student Katie Ussher has also volunteered several hours, as did two students when they were at Osler during the summer.
Being co-lead counsel was not the only first for Brodie. “I experienced my first cross-examination in a hearing setting,” he says. “I also did my first opening statement and direct examination of an expert witness.”
Brodie and Katie will be making oral closing arguments in March before the Tribunal makes its decision.
Author
Associate, Disputes, Vancouver
