The Honourable Brenda Keyser
What was your path into law and onto the bench?
I was the first person in my extended family to attend university but my parents assumed I would go into teaching or nursing. However I had grown up enthralled by Perry Mason on TV and wanted to be a defence attorney. My path there was meandering. I obtained a B.A. (Honours) from the University of Winnipeg in History then went to the University of Ottawa for a Master’s degree in History. Then it was back home to the University of Manitoba for law school. I graduated in 1978 and articled for a firm where nobody wanted to do criminal law so I got thrown into it early on and loved it. Later I set up my own law firm with three partners. In total I practised criminal law for 17 years when I decided I needed a change and applied to be a judge. I have now been a Queen’s Bench judge in Manitoba for almost 26 years and no day is the same. To this day the job is both rewarding and challenging, especially when you are continually learning new areas.
What experience in your legal career best prepared you for your work on the bench?
Being in the legal field opened my eyes to disparities in society and how the law can assist people. I believe lawyers have a duty to give back to their community in any number of areas - serving on boards, acting for pro bono cases, coaching sports, doing volunteer work for food banks or any of a myriad of options to help people. I have tried to mentor young lawyers, especially young female lawyers, about opportunities that are available to them. Being involved in education has been extremely important to me - from acting as a judge on moot courts to teaching at judicial seminars and talking to community groups and schools about the judicial system.
As well, as a lawyer I had contact with any number of judges who were impatient or downright rude to everyone in their courtrooms. I have tried to remember what I disliked in a judge so as not to repeat that behaviour.
What advice do you have for counsel who appear before you?
As a lawyer, your reputation is everything. It is extremely important to show respect to everyone - your opponent, the parties, and the court and it will be reciprocated. Being nasty not only hurts your reputation but it is counterproductive to your case. Strong advocacy and aggressiveness are not the same. And finally, I would advise lawyers to concede obvious points and concentrate on the strengths of your position. The lawyer who will not concede the patently obvious risks having their strong points buried in minutiae.
What do you wish the public knew about the justice system?
The judicial system is frequently criticized in criminal cases for letting the accused “get away with” a crime or receiving a “slap on the wrist”. Judges care about their role in trying to mete out justice but are constrained by legal precedents and the parameters of earlier cases. The public also sometimes does not recognize that judges have to find a balance between being sensitive to the harm done to victims of crime and being understanding of the backgrounds of offenders.