What was your path into law and onto the bench?

On the first of July, 1982, a few short months after the coming into force of the Canadian Charter, I began basic training in the Canadian Armed Forces (CAF) and upon completion, entered the Royal Military College of Canada (RMCC) in the 3^rd class of women ever to attend RMCC. After 4 years, I earned a Honours Degree in Economics and Commerce and later began a career as a logistics officer specialising in what is often referred to as supply chain management.

It goes without saying that in those early years, as women we experienced significant backlash regarding our acceptance into RMCC and also witnessed pushback of the Charter into the military environment. These early days of my career gave me insight into human behaviour and heightened my sensitivity to gender issues, racial equality, equity and diversity. I was influenced by these early experiences, and they framed my entire professional career ultimately serving as my impetus for becoming a lawyer.

Upon graduation, I had a very rewarding career as a logistics officer, specializing in supply and became very interested in legal issues arising from agreements and contracts which were an important part of my role. When I read about the CAF’s internal sponsorship program that sends selected serving officers to law school, I applied and was accepted. I attended Dalhousie law school. At the time, I was a mother of two young toddlers and it seemed like the perfect time.

As I matured as both a legal adviser and officer in the CAF, I enjoyed an outstanding military and legal career experiencing many firsts and profiting from wonderful career opportunities. However, I also recognized that continued success requires transition and there is also a requirement to give back. The words of Albert Einstein’s words on “life” are relevant when describing a career: “... like riding a bicycle. To keep your balance you must keep moving.”

In providing legal support and advice to the military justice system, I became acutely aware that the role of a military judge is unique and multifaceted. Most importantly, military judges are the sober conscience of the Armed Forces and through their independence they are trusted with the responsibility to correct and align members’ behaviour with our espoused national values. In addition, a military judge fulfils a dual role; firstly as a senior serving military officer and secondly as that of a judge responsible for presiding over matters tried by court martial. This means a military judge holds a unique position within two separate professions; the profession of arms as well as that of the judiciary.

Recognizing that my combined military and legal experience had provided me such a distinctive career journey, I soon realized that I was uniquely qualified to be considered for appointment as a military judge. I had nothing to lose so I threw my hat into the ring to be considered.

Like our civilian federal judicial counterparts, applications for judicial appointment to military judge are handled by the Commissioner for Federal Judicial Affairs. On the 17 of February, 2017, I was appointed a military judge by the Governor General in Council, on the recommendation of the Minister of National Defence, pursuant to section 165.21 of the National Defence Act.

What experience in your legal career best prepared you for work on the bench?

In my career as a lawyer, I worked in almost every area of the law. I would say that it was my work in complex intergovernmental and international situations ranging from the Privy Council, to war zones that helped me hone the necessary skills of tact and diplomacy in juggling multiple interests that I now draw upon as a judge. I was involved in international negotiations for various agreements in Turkey, Hungary, United States and the United Kingdom to name just a few and provided legal support to Canadian members testifying at the International Criminal Tribunal for the Former Yugoslavia and International Criminal Tribunal for Rwanda. I have served Canada twice on international deployments in Bosnia and South West Asia and also had the privilege of coordinating a Canadian Judicial visit to meet with comparable legal authorities in Kandahar, Afghanistan. These deployments and international engagements reinforced for me the importance of the work that members of the CAF do and how unique the demands are that are placed upon them.

I was also privileged to be in a position where I provided legal advice to CAF leadership and the government on criminal issues related to counter piracy, drug interdictions and migrant smuggling operations, where I learned to be comfortable working in areas where the law was unsettled and evolving.

I always felt a need to continue to improve my legal education. As I encountered legal issues that were not well understood, I focused on research and learning what I could. As a result, I ended up earning two separate Master degrees (one of which is an LLM) where I focused on areas of the law that were not well studied or published.

My last full time legal job within the Canadian Armed Forces was in Toronto as the Assistant Judge Advocate, a position where I was responsible for mentoring and supervising approximately 20 lawyers on criminal law, military law and military justice. It was in this position as Assistant Judge Advocate General (AJAG Central) where I worked at the coalface of the military justice system. AJAG Central has one of the busiest regions within the CAF (includes Bases and Wings at Petawawa, Borden, Toronto, Trenton, Kingston and North Bay) often capturing as much as 40% of the military justice administered in the CAF. Lawyers in AJAG Central provide legal advice on discipline cases that fall at the intersection of both summary trials and referrals to courts martial and they provide daily legal advice to the chain of command on unit investigations, the charging process, the sufficiency of evidence to lay charges, the fair process within a summary trial and referrals of disciplinary matters to court martial. In providing legal advice at that level, it was imperative to be fair and open minded and consider the reasonable prospect of success in every case. The supervision of legal advisers (Regular and Reserve) who were geographically dispersed demanded strong organizational skills of both people and time management. Working together as a Regional team we relied upon professional courtesy and the ability to listen and evaluate competing interests.

Finally, in my last role prior to being appointed a military judge, I worked as a manager with the Law Society of British Columbia in the Professional Conduct Department. This role reinforced for me the need for the enforcement of professional ethics and the critical importance of protecting the public interest in the administration of justice.

What advice do you have for counsel who appear before you?

The best advice I can give counsel is to be prepared. Counsel will also have more information on their case than the judge and their insight is very important.

Secondly, know the law that applies to the facts of your case or be able to distinguish why your case is different from established precedents. Never attempt to misstate the facts of the law.

Thirdly, be professional and respectful of your colleagues as fellow officers of the court. Collegiality is pivotal to getting the best results. It encourages counsel to openly discuss options and search for solutions which in turn leads to better representations before the court. Even during difficult court proceedings, when counsel work collegially, they are more efficient. The work we all do within the justice system is hard and it is through mutual respect that we are able to achieve the best results for all everyone involved.

What do you wish the public knew about the military justice system?

In the case of R. v. Moriarity, 2015 SCC 55, [2015] 3 S.C.R. 485, Justice Cromwell writing for the SCC confirmed that the purpose of the military justice system is to maintain the discipline, efficiency, and morale of the armed forces (paragraph 33). Over the last 30 years, the world has witnessed a resurgence of international conflict that has been marked with an increased complexity for military forces depending on the nature of their participation. This reinforced the requirement for all military forces to have a strong functioning independent disciplinary system. The following quote echoes this need.

After the organization of troops, military discipline is the first matter that presents itself. It is the soul of armies. If it is not established with wisdom and maintained with unshakable resolution you will have no soldiers. Regiments and armies will only be contemptible, armed mobs, more dangerous to their own country than to the enemy…. Maurice de Saxe: Mes Reveries, 1732

Having personally deployed as a legal adviser on multiple international military operations and supported Canadian military witnesses appearing before International Criminal Tribunals for both Yugoslavia and Rwanda, it is undeniable that the CAF must maintain discipline of its members at all times. Since the CAF may be called upon to serve anywhere, at any time, this means the CAF must be ready whenever called upon. In order for our members to be able to serve in any environment, it is imperative that discipline be inculcated immediately in their training to ensure that it is instilled into their analytical thinking processes before they even leave the country.

CAF members may be tasked with stabilizing an armed conflict, mentoring national forces and/or helping to rebuild the conditions for success in failed states where there is no respect for the rule of law. The rise of modern day war crimes illustrates just how easily a failure or lapse in discipline can set the conditions for any member to engage in misconduct which might culminate in offences or even unforgiveable atrocities. This reinforces why the CAF needs its own turnkey independent judicial system to ensure the discipline of CAF members wherever they serve.