LAWYERS MUST FOLLOW PRISON RULES

Defence Counsel Says He Never Passes Anything To Prisoners

Jail rules forbid it and seasoned lawyers wouldn't do it - pass
anything to prisoners.

Veteran Halifax defence lawyer Warren Zimmer said he has made it a
practice never to pass items to his incarcerated clients, except for
paperwork.

"A, I've never done it, and two, you're not allowed," he said during a
telephone interview Monday.

However, last week Halifax police accused a lawyer of smuggling
prescription narcotics to a prisoner at the province's largest jail.

That lawyer has been identified as Anne Calder, a defence lawyer and
former Crown attorney. The 56-year-old has been charged with drug
trafficking.

Justice Department officials have said guards watching video
surveillance saw Ms. Calder pass drugs to the inmate during a meeting.

Officials have not named the inmate, but have said he will likely be
charged and face prison penalties. Sources have said Ms. Calder's
client was 29-year-old Thomas Izzard of Antigonish. He is awaiting
trial on charges of sexual assault and pimping.

Lawyers visiting inmates at the Central Nova Scotia Correctional
Centre have to pass through a metal detector, like everyone else, Mr.
Zimmer said. They also have to be ready to show guards the contents of
their briefcases, although for confidentiality reasons, guards don't
read their files, he said.

Once inside, lawyers and their clients meet in a private area.

Family and friends are not allowed contact visits. They are separated
by Plexiglas partition and speak to each other by telephone.

"Yes, it's just like in the movies," said Justice Department
spokeswoman Carla Grant.

Documents left with prisoners must relate to their legal cases and
must be free of objects like paperclips and staples.

Mr. Zimmer said he's never had a problem with prison rules.

"It's just so important to have a good working relationship with the
correctional centre," he said.

Of course that doesn't stop people from trying to get lawyers to pass
items along to folks on the inside.

"I would think that a lot of lawyers would be aware of people trying
to get you to be the conduit," he said.

"You always have to be alert for the possibility that if somebody asks
you to do anything, it's not out of the goodness of their heart," he
said. "And it's really easy at the present time to say, 'No, I can't,
because that's what the rules are.' "

But the rules have tightened over time.

Before the days of smoking bans, it was pretty common for family and
friends to ask lawyers and sheriffs to pass on smokes. And sometimes
those packages contained more than tobacco.

Mr. Zimmer said he once almost fell victim to someone's seemingly
innocent request to give a prisoner a package of cigarettes.

"As soon as I took (the packet) I knew something was wrong with it and
I passed it back. Even though all the seals were on it and the
cellophane was all in place, it had a little bulge in it."

Exactly how Ms. Calder is alleged to have passed drugs to her client
is not known. Last week, the Nova Scotia Barristers Society announced
that Ms. Calder has suspended her practice.