The Honourable Cindy A. Bourgeois
What was your path into law and onto the bench?
My path to higher education and law in particular, was greatly influenced by my family’s challenges as a child. Given the circumstances at the time, neither of my parents were able to finish high school. Instead, each joined the workforce at 16 years of age. They married at 19 and started a family shortly thereafter.
When I was 12, my father was seriously injured in a workplace accident. Despite many attempts, he was never able to return to work. What ensued was years of stress, financial uncertainty and unsuccessful attempts to obtain compensation and long-term disability benefits. My parents could not afford to hire a lawyer and I distinctly recall their frustration attempting to navigate the “paperwork” and claims processes.
My mother had become a home keeper after the birth of her children but found herself re-entering the workforce and becoming the main breadwinner until finally, my father was found eligible for Canada Pension Disability benefits. My mother never forgot these struggles, and advocated for her children to achieve the financial security a post-secondary education can bring. I never forgot seeing the “paper work” on the kitchen table, and gravitated towards law, where I could help bring about solutions for people like my father.
I loved practicing law in the small town where I grew up and developing relationships with my clients. I like to think that I helped them avoid the frustration and disappointments my parents experienced years earlier. I would have never thought to apply for a judicial appointment – I didn’t think I fit the mold of who a judge should be. However, after encouragement from a judge I frequently appeared in front of, and highly respected, I applied. I am glad I did!
What experience in your legal career best prepared you for work on the bench?
I had the great fortune of having an incredible mentor from the earliest days of my legal career. The senior partner of the law firm I joined, first as an articling clerk and later as an associate and partner, was pivotal in my development as a lawyer and my career. Highly ethical, hard working, honest, community minded, stubborn and demanding, all describe the man I still consider to be my professional “father”.
I hated it when, as a young associate, he transferred me complex files to carry as primary counsel. I was scared and doubted my abilities. I hated his high expectations of client service and community involvement. I questioned whether I could meet such high bars or had anything valuable to offer. He kept pushing, and I kept achieving, notwithstanding my lingering self-doubt.
Morris believed in me and saw my potential. Long before I eventually realized it, he knew I was capable and intelligent. He pushed because he knew that is what I needed. For him, my gender and background was irrelevant – I could achieve whatever I set my mind to.
On the days when I feel the “imposter syndrome” sneaking its way into my thoughts (it still happens after 14 years on the bench!), I think of Morris. He believes in me (and he is never wrong) so I have too!
What advice to you have for counsel who appear before you?
Be prepared. Know your case inside, outside and upside down. Always be forthright with the Court. Remember that you have a client who is depending on you to do what is in their best interest, and that sometimes means not going to court!
What do you wish the public knew about the justice system?
I wish the public knew more about judges. Not how they are appointed, or what governs how they reach their decisions, but that they are people.
If you asked members of the public to describe a “judge”, I suspect common descriptors would be: old, white, male, stern, serious, and maybe even detached, uncaring and oblivious. I do not know any judges that match that description. Really, I don’t.
The judges I know vary in age, gender, ethnicity, and race. Perhaps what would be more surprising to the public is that the judges I know are parents and children. They get annoyed with their partners when they forget to take the garbage out but love them dearly. They love their dogs and have multiple pictures to prove it on their phones. The judges I know care about their communities and worry about the environment. They support local charities and love to sing, even if they can’t. The judges I know have great senses of humour, and like colourful socks. Some have experienced great loss. Some have had a close-up view of physical and mental health challenges. Judges are people, real people.
Most importantly, the judges I know sometimes make mistakes despite their best efforts. They sometimes do not like the outcome of the matters they have to decide. But they always try to do the right thing in accordance with the law. The judges I know care deeply.