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Benjamin, Elaine J Darling & Bruce Sales, “The
Prevalence of Depression, Alcohol Abuse, and
Cocaine Abuse Among United States Lawyers”
(1990) 13:3 Int’l JL & Psychiatry 233. See also Todd
David Peterson & Elizabeth Waters Peterson, “Stemming
the Tide of Law Student Depression: What Law
Schools Need to Learn from the Science of Positive
Psychology” (2009) 9:2 Yale J Health Pol’y L & Ethics
357 at 358; Laura Rothstein, “Law Students and
Lawyers with Mental Health and Substance Abuse
Problems: Protecting the Public and the Individual”
(2008) 69:3 U Pitt L Rev 531 at 532. A study that
assessed the health differences of American and
Canadian lawyers found that higher-status lawyers
in large firms report more depression than lower-status
lawyers: Jonathan Koltai, Scott Schieman & Ronit
Dinovitzer, “The Status-Health Paradox: Organizational
Context, Stress Exposure, and Well-Being in
the Legal Profession” (2018) 59:1 J Health Soc
24. See Patrick R Krill, Ryan Johnson & Linda Albert,
“The Prevalence of Substance Use and Other Mental
Health Concerns Among American Attorneys”
(2016) 10:1 Journal of Addiction Medicine 46.
25. See ibid.
26. See Corie Rosen Felder, “The Accidental Optimist”
(2014) 21 Va J Soc Pol’y & L 63 at 71. The author
also notes one Canadian study finding the rate of
suicide among lawyers to be as much as six times
that among the general population.
27. It found that over thirty-six per cent exhibited symptoms
of alcohol dependence, which is two to three
times higher than among other professions, and
forty-five per cent experienced depression, which is
three times higher than the rate among the general
population: Krill, Johnson & Albert, supra note 24.
28. Research from the United States and Australia,
which have law school settings similar to ours, bears
this out. See Jennifer Jolly-Ryan, “The Last Taboo:
Breaking Law Students with Mental Illnesses and Disabilities
out of the Stigma Straightjacket” (2010) 79
UMKC L Rev 123 at 131; Wendy Larcombe et al,
“Does an Improved Experience of Law School Protect
Students Against Depression, Anxiety and Stress? An
Empirical Study of Wellbeing and the Law School
Experience of LLB and JD Students” (2013) 35:2 Sydney
L Rev 407 at 408; Jerome M Organ, David B
Jaffe & Katherine M Bender, “Suffering in Silence:
The Survey of Law Student Well-Being and the Reluctance
of Law Students to Seek Help for Substance Use
and Mental Health Concerns” (2016) 66:1 J Leg
Educ 116 at 118–19.
29. James TR Jones, “‘High Functioning’: Successful Professionals
with Severe Mental Illness” (2015) 7 Duke
F L & Soc Change 1 at 6–7.
30. Peterson & Peterson, supra note 23 at 369–70;
Jones, supra note 29 at 7.
31. See Jennifer R Flynn, “Break the Internet, Break the
Stigma: The Promise of Emerging Technology &
Media in Mental Health” (2017) 20:1 Quinnipiac
Health LJ 1 at 11; Megan-Jane Johnstone, “Stigma,
Social Justice and the Rights of the Mentally Ill: Challenging
the Status Quo” (2001) 10:4 Aust N Z J Ment
Health Nurs 200 at 201.
32. Bernice A Pescosolido & Jack K Martin, “The Stigma
Complex” (2015) 41 Annu Rev Sociol 87 at 92.
33. Sareen K Armani, “Coexisting Definitions of Mental
Illness: Legal, Medical, and Layperson Understandings
Paving a Path for Jury Bias” (2017) 26:3 S Cal
Rev L & Soc Just 213 at 221. See also Stephen P Hinshaw,
The Mark of Shame: Stigma of Mental Illness
and an Agenda for Change (New York: Oxford University
Press, 2007) at 23–25.
34. See Julio Arboleda-Flórez, “The Rights of a Powerless
Legion” in Julio Arboleda-Flórez & Norman Sartorius,
eds, Understanding the Stigma of Mental
Illness: Theory and Interventions (West Sussex:
Wiley, 2008) 1 at 5.
35. See Patrick W Corrigan & Amy C Watson, “Understanding
the Impact of Stigma on People with Mental
Illness” (2002) 1:1 World Psychiatry 16; Stacy L
Overton & Sondra L Medina, “The Stigma of Mental
Illness” (2008) 86 J Couns Dev 142 at 145. According
to the Centre for Addiction and Mental Health,
individuals with mental illness are much less likely to
be employed: supra note 21.
36. See Overton & Medina, supra note 35 at 144;
Patrick W Corrigan, Amy C Watson & Leah Barr,
“The Self-Stigma of Mental Illness: Implications for
Self-Esteem and Self-Efficacy” (2006) 25:9 J Soc
Clin Psychol 875.
37. See Joan Bibelhausen, Katherine M Bender & Rachel
Barrett, “Reducing the Stigma: The Deadly Effect of
Untreated Mental Illness and New Strategies for
Changing Outcomes in Law Students” (2015) 41:3
Wm Mitchell L Rev 918 at 921.
38. The Student v The University and Others, 2019
BCHRT 27 at para 11.
39. 2017 SCC 28 at para 21.
40. 2018 ONLSTH 63.
41. Ibid at para 139.
42. See the definition of “empathy” in Thomas B Colby,
“In Defense of Judicial Empathy” (2012) 96:6 Minn L
Rev 1944 at 1958–59.