WHAT WAS YOUR PATH INTO LAW AND ONTO THE BENCH?

As I write this, I start by reflecting on the fact I was admitted to the New Brunswick Law Society in June 1976, and today, I became a supernumerary Justice of the New Brunswick Court of Appeal, some 46 years later. How did that happen?

In reply, I say: Not without a lot of hard work, and commitment to the profession.

In brief, like others who have shared their stories, I decided I wanted to become a lawyer when I was probably 14. No one else in our family of engineers, doctors and scientists had pursued such a career, and there were very few, if any, practicing female lawyers in New Brunswick at that time. It was not a popular choice, because we were still living in an era where women became mothers and home makers, teachers, nurses, administrative assistants, and the like.

There were about nine of us, as I recall, in our law school class of about ’65. My numbers may be off a bit, but we were definitely in the minority. I had groomed myself for this career choice by participating in the Debating Club, student politics both in high school and at University of New Brunswick and I volunteered with community organizations. During law school, I worked at the Community Legal Aid Clinic, but I also held two part-time jobs. These experiences taught me things about the real world and the human experience that I carried with me into private practice, and beyond. The practice of Law is about helping others navigate through personal and financial issues, by giving them the best advice and counsel you can, and not becoming overly consumed with “fame and fortune.”

I started my career in Saint John as an associate with a large law firm, that had a multi-disciplinary practice. I had always wanted to be in the court room. I was never destined to be a solicitor, so I started working in the litigation department and was quickly thrown into the deep end of the pool of cases the firm dealt with at any given time—from criminal cases, civil cases involving motor vehicle accidents, medical malpractice, breach of contract, and many more. I drafted pleadings, I participated in pre-trial discovery hearings and co-chaired during trials. This “hands on” experience formed the foundation for a successful career in the courts of New Brunswick, at all levels.

My husband and I both completed our master’s degrees in Law at the London School of Economics when the two children were 4 and 3. This meant leaving Canada, living in London, and then returning to pick up where we left off. I encourage young lawyers to pursue post graduate studies. Not only will a master’s degree be rewarding, it distinguishes you from the “rest of the class,” and it will give you more options. Following our post graduate studies, we moved to Fredericton and both took jobs with firms there. I then became the Deputy Registrar of the Court of Appeal and Director of Court Services for the Province of New Brunswick. It was a much better fit, given the demands of the career and the family. I returned to private practice several years later because it was my passion.

My appointment to the Court of Queen’s Bench of New Brunswick came in 2007, and I was elevated to the Court of Appeal in 2015.

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

Finding a balance between career and family can be challenging. There were many nights I worked until midnight, preparing for cases, long after the two children were in bed asleep. You need to pace yourself. Your social life takes a back seat, due to time constraints. You need to ensure you have back up childcare support, and you need to self-care, and take time to refresh, to exercise and to eat properly, so that you have the stamina to carry on for long days at a time. A trial is all consuming, and requires intense preparation, and focus. I ran my first, and only marathon, when I was 50, and I still exercise regularly. You need the physical and mental fitness to keep the pace.

If you are not happy where you are, look elsewhere. You need to know you have made the right choice, and that you can offer the best service possible to your clients. If you are unhappy, or not challenged, look around for a better fit.

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

Years ago, a friend offered me this piece of advice. He said: “To thine own self be true.” This is taken from Shakespeare’s Hamlet. Always be true to yourself, to your clients and MOST IMPORTANTLY, to the court. Judges have an innate ability to discern when counsel is trying to “pull a fast one.” Research means finding all of the jurisprudence on point, and not cherry picking the decisions that support your case. Remember, judges do their research as well, and your credibility will be affected if you fail to disclose decisions that differ on the same subject. Perhaps you can distinguish them? The preparation of your client is vital. Your client needs to know what questions you will ask, and what he or she can expect during cross-examination. Prepare yourself for objections that might arise and be ready to argue evidentiary issues. Prepare yourself for oral argument. Your advocacy skills are important. You are trying to persuade a judge to adopt your version of the facts and you are trying to persuade a neutral third party to see it your way.

The art of judgment writing is a skill that develops over time. It requires patience, meticulous attention to detail, and an understanding of the legal principles that apply to that case. The art of judging requires common sense, an ability to discern fact from fiction, an ability to carefully listen to the evidence, and to bring pragmatism into the courtroom. People are looking to you for solutions to their problems. Those solutions are not always found in legal textbooks, or in stare decisis.

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

Our system of justice is changing every day. The way we practice our craft has changed dramatically in recent years because of technology, and it will continue to evolve and change. We have entered the era of settlement conferences, mediation, and arbitration as attempts to breathe new life into institutional grid lock and delays. With COVID, we have also entered the era of virtual hearings and this will continue long after the end of the pandemic, in my opinion. There will be more changes in the future. With the advent of artificial intelligence in the court rooms, there is speculation that even judges could become redundant. So, I challenge you to be creative and to always do “justice” to your client and to the legal principles you have been taught. When you need to challenge a law for constitutional or for other reasons, do so with humility and with competence. Protect your credibility. Stay current, read, reflect on societal trends, statutory amendments, and jurisprudence.

I encourage you to become involved in your professional associations and in the community. These are valuable experiences, and you will be signaling that you are genuinely interested in them. The friends and associates you meet along the way will be wonderful supports to you in the good and the challenging times. Be humble in your victories and take your defeats as learnings. Be kind and generous with your time, work hard, be true to yourself and to others, practice self-care, always look ahead and never behind, run your own race, and not someone else’s, and you will succeed.

Best wishes to you all.