WHAT WAS YOUR PATH INTO LAW AND ONTO THE BENCH?

I didn’t know any lawyers, but in my late teens I came to understand that lawyers could advocate on behalf of marginalized people and for social change. So, I finished my undergraduate degree and applied to law school. I wanted to acquire the tools and credentials that would enable me to advance the cause of social justice and address structural inequality. My law practice focused on public interest and equality litigation, criminal law, including criminal defence, and social justice advocacy. I identified as a feminist throughout my time at law school and as a lawyer; feminism informed my world view and my decision to practice with other feminist women lawyers. By the time I was appointed a judge, I had spent over 24 years doing litigation, reviews and inquiry work on behalf of and with members and representatives of a broad range of marginalized communities. I applied to the bench because I saw the opportunity to contribute to the judicial role this wealth of personal and professional experience. Throughout my journey in law, I have been keenly aware of my privilege and how it has provided me with opportunities unavailable to the people I represented as a lawyer and the people that appear before me in court.

WHAT EXPERIENCE IN YOUR LEGAL CAREER BEST PREPARED YOU FOR YOUR WORK ON THE BENCH?

Judging is not a sterile, mechanical, formalistic exercise. It engages conscience, empathy, creativity and insight. My experience of representing a range of clients—many of whom struggled in the face of profound challenges such as poverty, racialization, colonization, misogyny, discrimination, mental illness, and addiction—best prepared me for my role as a judge. This experience gave me an understanding of the structural inequalities and systemic injustice that brings so many people into conflict with the law and before the courts. At the “swearamony” for my appointment to the Provincial Court of Nova Scotia in 2005, I thanked my clients for the opportunity that being their advocate gave me to become “a better lawyer, a better citizen, and a better person than I ever could have been otherwise.” I will always be deeply grateful for what I learned from my former clients about their lives, backgrounds and diverse experiences, and I acknowledge how valuable this remains for my judicial role.

WHAT ADVICE DO YOU HAVE FOR COUNSEL WHO APPEAR BEFORE YOU?

Preparation, professionalism, integrity, civility and humility demonstrate that counsel have a firm grasp of their case and their obligations to their clients, the court and the justice system. Be helpful to the judge. Identify the real issues in dispute and focus on assisting the judge to understand your position in relation to them. Be willing to learn and improve. Work on skill development through practice, observing experienced and principled litigators with proven ability, and mentorship. Develop a supportive and sustaining connection with well-respected members of the Bar. Attend continuing legal education programs on advocacy and refer to texts written on the subject. The process of professional development will last throughout your career. Be courageous, disciplined, respectful and humble. Be principled. Be self-aware. Be yourself.

WHAT DO YOU WISH THE PUBLIC KNEW ABOUT THE JUSTICE SYSTEM?

The justice system, and the criminal justice system in particular, holds a fascination for the public, but it is poorly understood. As a society, we have been ill-served by shrinkage in media coverage of our courts. An informed society is essential to a healthy democracy. The public does not have a robust appreciation of the vital components of our constitutional democracy governed by the rule of law and the critical role of an independent judiciary. It is a fundamental misapprehension, not infrequently expressed in public commentary, that judges are usurping the role of the legislature. This is a misinformed view: interpreting and applying the principles of the Charter and the common law are essential roles for the judiciary, enabling judges to protect and promote fundamental human rights and freedoms and vindicate them. And the rule of law does not stop at the gates of a prison or any institution: it applies even to those who have been deprived of their liberty for transgressions against the public order.

The justice system, particularly the criminal justice system, is called upon to grapple with formidable social problems and issues. Our continuing failure as a society to eliminate poverty, racism, misogyny, and the many other forms of disadvantage that burden people’s choices and opportunities has brought the effects of this broader failure to the courts. The courts can do little to fix what remains broken in society, but as judges, we have an obligation to play a constructive and positive role.