What was your path into law and onto the bench? 

My path has been both deliberate and accidental. I was a quiet child who equally enjoyed creative writing and science, and was shy yet comfortable with public speaking. My parents and older sisters endured many challenges as immigrants to Canada in the post-exclusion era, when the Chinese Immigration Act, 1923 (known as the Chinese Exclusion Act) was repealed but many of its effects continued. They left behind an even more difficult life in China and once in Canada, they allowed themselves to hope that our family might begin to thrive. When I told my parents that I was torn between wanting to become a medical laboratory technologist (like my older sisters) and a lawyer, they urged me to choose door number one. They worried about the adversarial nature of law and the prospect of my “aloneness” as a Canadian-born woman of Chinese descent in a predominantly white profession. Their fears became mine and I chose medical laboratory science.

I found working in healthcare to be gratifying but I regretted choosing the safe path. I applied to law school, leaving home and traditional cultural expectations behind to attend the University of Victoria. My deliberate and accidental choices continued. I thought I wanted to become a solicitor and was surprised to discover that I had an affinity for litigation. I thought I would spend my legal career in Edmonton but fell in love with the west coast. I intended to stay in the private sector but discovered that I belonged in the public service. I was certain that I would never work in the area of tax law but as it turned out, I found it to be fulfilling and interesting. It was so interesting and fulfilling that I spent 19 uninterrupted years working as tax litigation counsel for the federal Crown before moving to general civil litigation.

My management responsibilities increased and when I reached the level of Regional Director and General Counsel at the Department of Justice, I became aware again of my aloneness as a woman of Chinese descent and a person of colour at the higher ranks. I reflected on the fact that as I moved along in my career, I never had any professional role models who looked like me. I unconsciously adapted to the absence by finding role models for specific qualities, i.e. a good teacher, a strong writer, a persuasive oralist, an honest communicator, an empathetic heart, a fair decision maker, a progressive mind. Other than finding an example of an empathetic heart in my mother, my role models were white.

After reflecting, I decided to do the unexpected thing and seek an appointment to the Tax Court of Canada. I believe that in 2018, I was the first Asian woman appointed in the federal system of section 101 courts. Very shortly before the global pandemic, I shared a meal with two friends, one of whom is South Asian and the other Black. While we were there, I wondered for a moment whether a stranger seeing us in a restaurant across from a courthouse would think that we were three judges. I hope I can help change the answer.

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

I would say that it was two experiences in equal part: (1) my early years with the Department of Justice litigating large volumes of low-dollar tax files, and (2) my final years at DOJ managing the litigation of high-profile cases, none of which were tax matters. The first experience gave me significant time in the courtroom and allowed me to build litigation skills on lower-risk files. Most importantly, I spent a great deal of time with self-represented litigants and was reminded regularly that each small file meant everything to somebody. With these people, I worked on general skills such as listening intently, speaking simply, and remembering the human side of the law. The second experience allowed me to move away from looking at files from an individual party’s perspective and practise looking at the bigger picture to consider important things such as broader consequences, policy impacts, and resourcing. I continued to work on listening intently, speaking simply, and being mindful of the human side of the law.

I have found both these micro and macro experiences to be invaluable on the bench.

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

Remember all of your roles in the courtroom. You are an advocate, an officer of the court, and an ambassador of your profession. It means that you should carry out all of your responsibilities to the highest level possible every time. It means that you exercise them with honour, dignity, and respect for your client, your opposing counsel, and the court. These are your signposts.

More specifically, I would say that counsel should be prepared to tell the judge a story through the evidence. By the end of the hearing, I should have a solid sense of the events that transpired and how you propose I should interpret those events. You should be prepared to answer questions throughout the hearing and not be overly attached to any script you may have written in advance. You should also do your best to anticipate the unexpected. Finally, you should know the rules of the court in which you are appearing because there may be subtle but important differences.

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

I wish the public knew that the system is filled with people whose primary goal is to see that justice is done. However, it is a system and the people within it have roles and responsibilities that do not always align favourably with one party or another. They must be able to function unimpaired by bias or undue influence, and that is the heart of a judicial system within a democratic country.

When someone finds themselves involved in the judicial system as a party or a witness, I hope they will invest the necessary energy to present their case as effectively as possible or to testify as clearly as possible. The justice system works best when everyone is committed to it working as well as it can.