The Honourable Theresa McDonald
What was your path into law and the bench?
I acknowledge that I live and work in Treaty 5 territory and that this land is the traditional territory of the Cree, Inninnowuk, Dene, Saulteax, Oji-Cree, Anishinabe and Metis Peoples.
I was appointed a QC in 1998, and to the Provincial Court of Manitoba in 2018. I preside over criminal, youth, child protection and family cases. In the course of 38 years I worked in private practice, as a legal aid staff lawyer, a supervising attorney, the Area Director for Legal Aid Manitoba (Regions), for a First Nations Tribal Council, and for several First Nations. My guiding principle in life has always been to protect the vulnerable. What lead me here? Perhaps it was an accident of birth. I have one hand and that turned out to be my strength. It guided me in my choice of professions. I experienced daily reminders that those of us who look or speak differently from most others in our society are very often treated differently. While no one can truly experience what others have lived I hope that I have learned to be empathetic and to respect each person for who they are as an individual.
I enjoyed the privilege of serving on community based organizations including The Pas Committee for Women in Crisis that established one of the first residential shelters for women and children in Northern Manitoba. I was honoured to serve on local Friendship Centre Boards, to appear as counsel for a First Nations at the Kimelman Commission, to co- author the first legal manual for an Indigenous child care agency, to work with a First Nations to establish an on-reserve Indigenous designed and run receiving home, to serve on Boards of organizations whose goals focused on providing daycare and parenting assistance services to young single parents, and to serve on the Board of an association that assisted those with different physical abilities.
Professionally, I served as the Northerner Bencher at the Law Society, President of the Northern Bar Association and as the Northern representative on the Manitoba Bar Association. I enjoyed acting as the principal to countless articling students and working with dedicated lawyers, support staff, Justice Committees , and others in the justice system. I learned much from several remarkable Provincial Court Judges. In particular I wish to acknowledge the late Judge Jack Drapack, affectionately known as “Gentleman Jack” who was and remains my “judge hero”. He was a man of the people, gifted with an uncanny understanding of human behaviour.
What experience in your legal career best prepared you to work on the bench?
I acknowledge that I live and work in Treaty 5 territory and that this land is the traditional territory of the Cree, Inninnowuk, Dene, Saulteax, Oji-Cree, Anishinabe and Metis Peoples.
I had the honour of working with a noted Indigenous leader in private practice where I learned about Indigenous self government , the duty to consult and that gave me the opportunity to work with Indigenous leaders and communities. Later working at a First Nations Tribal Council equipped me with a measure of cultural competence and opportunity to work with stakeholders on community projects. Thirty two years with Legal Aid Manitoba taught me criminal, youth and child protection law. Living in two Northern communities opened my eyes to the challenges and opportunities affecting all Northerners. I have learned from First Nations Elders, the communities, the towns and cities, and from the abiding spirit of a resilient and determined people who have faced so much hardship. I have worked in over 24 Northern Manitoba communities, made enduring friendships and become a “Northerner” sharing an unbreakable bond with all Northerners. That connection and respect has helped me to always remember that what I do as a judge affects real people with real lives.
Most of all I learned from my late sister, Ella Andrews, a remarkable and wise woman who served in the North for almost 20 years as a social worker. She taught me the importance of kindness and compassion.
What advice do you have for counsel who appear before you?
Listen and learn. The older learn from the younger and the younger learn from the older. Be aware of who you are and the biases you have. Make sure you understand the applicable law. Know your case and be ready to answer questions from the Bench. This may feel like an oral exam, but it isn’t. Judges ask questions because they are considering your submissions and want to understand the point you are trying to make. Refer to the principle you believe a case stands and how it applies to the case you are arguing. Be on time for court and observe proper courtroom decorum. Stay current on the law. At all times be respectful of your role, the role of the court and other counsel, others in the court system and most of all be respectful of your client.
What do you wish the public to know about the justice system?
I acknowledge that I live and work in Treaty 5 territory and that this land is the traditional territory of the Cree, Inninnowuk, Dene, Saulteax, Oji-Cree, Anishinabe and Metis Peoples.
Our justice system isn’t perfect, but it is one of the best in the world. It evolved over centuries and continues to evolve with time. We are a self examining body that takes our responsibilities vey seriously, as we should. Court is daunting to most people, but there truly is an effort on the part of judges to make the procedures and the reasons for a decision as clear as possible to all those appearing in court for any reason. Judges come from different legal backgrounds and certainly different life experiences. Diversity is important. It reflects the make-up of Canadian society. Judges start out as lawyers, but our responsibilities as judges are very different. We are not an advocate for any one party, rather our job is to make a fair decision based on all the evidence before us. Our decisions are guided by legislation and by cases where the law has been interpreted by higher courts. Decisions are not made lightly. Judges are an independent branch of government. Judicial independence ensures that judges are not influenced by any political consideration. Put simply- we make our decisions based on the law as it applies to the facts before us.