The Honourable Tracey L. Clements
What advice do you have for counsel who appear before you?
When I am asked to give advice to counsel, three things come to mind: the importance of being prepared, being thorough and, being open to questions.
First, as we all know, preparation is key. Counsel should know their case better than I do. I understand that many factors influence which lawyer works on a file and which lawyer appears in court; however, I want the lawyer standing at the podium to know their case, and to be able to field questions from the court, without skating over details.
The second piece of advice is to be thorough. On this side of the bench I, like other judges, want to do the very best I can in executing my judicial functions. Stated blunted, I want to "get it right", to the extent I can do so to the best of my ability. Having written submissions and cases filed in advance - and on a timely basis - is invaluable. This makes for a more productive - and focused - hearing.
The third piece of advice is to be open to questions from the bench. These exchanges help crystalize the issues, and also allow an opportunity to explore and consider arguments. While I fully appreciate it can be a bit daunting, I would urge counsel to embrace the opportunity of questions from the bench. For me, these exchanges provide an opportunity for me to fully understand the issues and the arguments being advanced.
What do you wish the public knew about the justice system?
I would first make the observation that public confidence plays a critical role in the Canadian justice system - public confidence is a true pillar and foundation for our system. I certainly acknowledge there is always room for improvement and those of us involved in the justice system must be open to changes and improvements. I believe as well, we all need to constantly strive to do better. Having said that, I do wish the public had a better understanding of the level of commitment, fairness, and professionalism, that I see day in and day out from so many people involved in the justice system. For all the areas in need of improvement, I believe many members of the public would be proud of the Canadian justice system.
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