LAWYER ACCESS TO PRISONERS UNDER SCRUTINY

Man Allegedly Carried Drugs Into Don Jail

Another criminal lawyer has been charged with smuggling drugs into
the Don Jail, raising fresh questions on whether lawyers need to be
searched before meeting inmates.

Edmund Schofield, a 72-yearold sole practitioner with an office in
Stratford, was arrested late on Tuesday for allegedly smuggling
cocaine and marijuana to an inmate. He was released on bail yesterday
on charges of trafficking cocaine and marijuana, and possession of
marijuana for the purpose of trafficking.

He is at least the ninth lawyer charged with trying to smuggle drugs
into the Riverdale jail in the past five years, including six in
2002, one in 2004 and one in 2006. Lawyers, doctors, psychologists
and clergy members are allowed to meet inmates face to face without
being searched. But they are required to show ID and pass through
metal detectors as they enter the jail. Inmates are searched after the meeting.

Glenn Stewart, an adjunct professor at the Osgoode Hall Law School
who has prosecuted lawyers for the Law Society of Upper Canada, said
that practice should not change.

"I don't think a search can be justified for those few exceptional
cases because there are other interests at stake, such as the
solicitor-client privilege," Mr. Stewart said. "If you start
searching the lawyers, bags and so forth, you are endangering that
kind of confidentiality and privilege that exists."

The policy was briefly changed a few years ago, says Don Ford, a
communications officer with the Ontario Public Service Employees
Union, which represents prison guards.

"They actually had a policy there for a while that lawyers were not
allowed to meet with their clients face to face. They had to meet
through glass," Mr. Ford said.

The Ministry of Community Safety and Correctional Services says it
has a zero-tolerance policy on contraband. "We have pretty extensive
monitoring policies in effect and they worked in this case, " said
ministry spokesman Stuart McGeprick.

Mr. Stewart said it is difficult to say why lawyers would smuggle
drugs into jails. "I suspect there are as many reasons as there are
people who may have been found to have done it," he said. "I think
one of the big things is probably the kind of opportunity that is
available for lawyers and the positions of trust that they hold.
There is an opportunity to abuse trust and most lawyers do not do
that but there is that temptation and opportunity there."

Mr. Ford would not even speculate on why a lawyer would try smuggling.