Kwe, bonjour, hello. As we begin, I want to share with the reader my own preference about honorifics. As a Two Spirit person, I prefer to be addressed as Justice Rowe rather than use the gendered “Madam Justice”. In Anishinaabe and Mi’kmaw tradition, two spirits are people who have both masculine and feminine spirits. Two Spirits have traditionally fulfilled social roles that may be enhanced by being able to draw on this dual experience.

I am also respectful of women judicial colleagues who prefer to be addressed as Madam Justice. I understand that they experience the honorific as a signifier of their participation as members of a judiciary which was, historically, primarily privileged for men.

It seems that flexibility in the choice of honorifics is in keeping with the continuing evolution of Canada’s public institutions, as it continues to be shaped by the rule of law and, specifically, by Charter values.

WHAT WAS YOUR PATH INTO LAW AND ONTO THE BENCH?

I am a 60s Scoop survivor, sent from Manitoba to St. John’s, NL at the age of three. I’m a visibly indigenous Anishinaabe person, and my mother was an Indian Residential Schools survivor who attained Grade 7 before she left school permanently. Although I was always a strong student, there were very low or no expectation when I attended school that I would become a lawyer, let alone a judge. In fairness, it wasn’t until I was nine years old that the first Indigenous woman in Canada received a law degree. However, I was also involved in art, so I was encouraged to attend university for fine art.

After two years of studying art, I left that degree and began working in Toronto as a graphic artist, when I was chosen as a business intern, sponsored by the Canadian Council of Indigenous Business. During the course of the internship, the company’s general counsel suggested that I might be well suited to practicing law as I was constantly reading and engaged in writing business proposals.

I returned to university and received a BA (Hons) in English, on the Dean’s List, and then went on to law school at the University of New Brunswick. I recall in the first week of class, attending the New Brunswick Court of Queens Bench, with a presentation by a newly appointed woman judge. I had not considered that this path might include judicial service until that day.

My practice began in Halifax, Nova Scotia, with a mid-size firm with a focus on commercial and civil litigation. I also practiced in the area of refugee and immigration law, on a pro bono basis, and began some work in aboriginal law. This mix of life and practice experience was essential when I joined a Newfoundland firm with a practice in Indian Residential school litigation throughout Canada. There is no way I can express how complex that work was for me, both professionally and personally. I will say that the practice of law deepened my life experience, and constantly underscored for me how important compassion and professionalism is in public service.

I went back to Nova Scotia and practiced with the Province of Nova Scotia for 18 years. I had a very eclectic public practice and was advising the Made in Nova Scotia Treaty negotiations for the Province when I was appointed to the bench.

Former colleagues who became judges encouraged me to consider applying to the judiciary. However, I thought it wasn’t meant to be my path, and put it to one side for a number of years.

However, the Nova Scotia judiciary, with the Nova Scotia Barristers’ Society, and the Schulich School of Law, began a Mentorship Initiative for Black and Indigenous lawyers considering the bench. I was initially wary. The intent was to match persons who might consider applying to Court, with judges who were willing to share their insights on the unique aspects of the position, and the responsibilities and demands to assist potential applicants.

The most important aspect of the Mentorship Initiative for me was the message that a diverse judiciary was valued in Nova Scotia, and that it was possible that this might be another public service role where I might serve. Without receiving that message, I may well have not applied to the bench at all.

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

I feel the cumulative experience of working with a wide variety of people in many contexts was the best preparation for serving on the bench. When people are very stressed or actively distressed it can be difficult for them to speak and to hear. That is true for litigants, and true for counsel. Natural justice demands that participants in our courts are to be heard and have the opportunity to present their case, in keeping with the law.

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

I would advise counsel to be prepared, and to ensure that they understand and respect their role as officers of the Court, in addition to being advocates for their clients.

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

The justice system is an independent branch of government, with a judiciary that is charged with upholding the rule of law. I would hope that the public can understand that the rule of law connects directly with our shared social consensus on living well, in community with others.