Note: This article originally appeared in Robichaud's Criminal Defence Litigation.

When an accused is sentenced to custody they will be serving their sentence in either a Provincial or Federal institution. Sentences of two years less a day will be served in a Provincial facility. Sentences of two years or more will be served in a Federal penitentiary. Federal inmates are under the auspices of Corrections Services Canada.

Many years ago, in Life Before Law School, I was an elected official in municipal politics.

Sometimes snapshots from the past creep up on us at unexpected times. Sometimes they are bright pictures that make us smile; at other times they remind us of something that made us who we are. I recently had one of those latter snapshots.

I was at a great criminal defence lawyers’ conference earlier this month, listening to some of the finest members of my profession offer advice and new techniques to help us better fight for our clients. The information that was shared was excellent and thought-provoking. And, as so happens at these things, some of what was said triggered other ideas, and reminders for me of skills that are important, and sometimes under-utilized.

A few weeks ago I was in Toronto, for a wonderful criminal lawyers’ conference. I learned a great deal, and after the conference I walked past Old City Hall Courthouse. That courthouse has great personal significance for me because it’s really where my career in criminal law began.

I rarely wade into the murky waters of gender politics, particularly as they relate to my profession, but the recent case of R. v. Ghomeshi cries out for comment.

Step into my world for a moment. Listen to the stories, see the snapshots of the lives I see at Court. Sit with the humanity in all its colour, and glory and sadness and hope.

One of my clients went to jail yesterday. It was expected – he understood when he entered his guilty pleas that he would probably be sentenced to jail. But it still came as a dreadful shock, as it invariably does for almost all clients. Somehow he had convinced himself that this sentence he had prepared himself for, would not happen. When it did, his face crumpled in on itself, his body shrank as though he were trying to disappear inside himself. I have seen this many times with clients. It always upsets me.