WHAT WAS YOUR PATH INTO LAW AND ONTO THE BENCH?

I had an unconventional path to the bench because I never clerked or articled, did not write the bar exam, and my first ever court appearance was in the Supreme Court of Canada.

I stated my legal career as a professor of law at the University of Ottawa. After five years, I took an academic call to the bar so that I could argue the Egan v. Canada appeal for an intervener before the Supreme Court. I loved teaching but I guess I got bit by the litigation bug, because I then transitioned out of academia into private practice.

For 22 years, I specialized in equality rights, human rights, and labour law, with an emphasis on LGBT rights. I was also the Discrimination and Harassment Counsel for the Law Society of Ontario for 15 years (concurrent with my private practice). In addition to representation unions before labour arbitrators and tribunals, I had the opportunity to do a significant amount of appellate litigation in the Supreme Court and in appeal courts across the country. Much of my work was pro bono. I was fortunate to be at a law firm that supported and was willing to finance public interest and social justice cases.

Becoming a judge was not a lifelong career aspiration for me. It was not even on my radar for many years. I came to a point when I needed a change to reinvigorate my intellectual curiosity and love for the law. I have now been on the bench for just over six years, and I am enjoying it immensely.

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

My experience teaching law has been extremely beneficial in working with juries. I sit in the Central West Region, where there is a high volume of jury trials. Instructing juries requires an ability to simplify and explain complex legal concepts, which is much like lecturing to law students. My time in academia also helped me to hone my writing and editing skills, which have been invaluable to me on the bench.

In private practice, the high volume of litigation that I did in my labour law practice helped me to master the rules of evidence, which are fundamental to judging. I also acquired a variety of other transferable skills as a labour lawyer, including statutory interpretation, contract interpretation, and an understanding of administrative law principles, all of which are helpful to me now on the bench.

In my human rights practice, I represented people from diverse marginalized communities. It helped me to appreciate the need to make the law and the justice system broadly accessible, which is something I try to remember daily when I am sitting as a judge.

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

The following list of top 10 tips for counsel are in no particular order. Each item is, in my view, equally important:

1. Take care when completing your confirmation form before every motion hearing or conference. It is the first thing that a motion or conference judge reads. Specify the issues to be addressed (and any issues that have been resolved) and the materials that you want the judge to read. Do not underestimate the amount of time you require to argue a motion. Be realistic and honest when completing the confirmation form.
2. Always hyperlink your materials. Every exhibit attached to every affidavit should be hyperlinked. Every case referenced in a factum or statement of law should be hyperlinked.
3. Discuss exhibits with opposing counsel before the hearing/trial and, whenever possible, present the court with a joint book of exhibits (uploading to Caselines in a “joint documents” bundle) that can be entered for the truth of their content on consent.
4. Respect the page limits set out in Notices to the Profession and Public.
5. Learn how to use Caselines to your advantage. Ensure that you know how to direct the judge to any page that you refer to.
6. Never misrepresent facts or mislead the court on legal issues.
7. Be courteous and professional to all the court staff.
8. Be prepared. Know your file intimately. Know the record so you can refer to it instinctively.
9. Master the rules of evidence and abide by them in court.
10. In oral and written submissions, structure your argument based on the elements of the legal test the needs to be met. Your goal should be to provide the judge with a blueprint to arrive at the decision your client is seeking. Pay close attention to any questions asked by the judge during a hearing, whether directed to you or to opposing counsel. Make sure you answer those questions to the judge’s satisfaction.

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

I wish the public were more aware of the open court principle. I wish people would spend time in our courts observing legal proceedings. So often, the public’s only knowledge of the justice system is what they see on American television, which is theatrical and inaccurate, or what they read in news headlines or hear in soundbites on news broadcasts, which is necessarily oversimplified.

When I thank jurors after each jury trial, they invariably tell me how much they learned by participating in the jury system. They tell me that they have acquired a greater understanding of how demystified simply by watching what happens in court. I am always pleased when I see high school students sitting in my courtroom observing proceedings.

I also hope that the public knows how well protected we all are by the Rule of Law in this country, and how everyone in the court system strives to avoid injustice.