The Honourable Esther Rosenberg

Hon-Rosenberg1.jpgWHAT WAS YOUR PATH INTO LAW AND ONTO THE BENCH?

I never imagined being a lawyer, never mind a judge. I grew up in North Bay gaining valuable life skills in my family’s clothing business. Itching to get to the big city, I left to study at 17 at the University of Toronto where I majored in English and Sociology. After completing my undergrad, I spent several years working at QL Systems (now LexisNexis Quicklaw) in Kingston. My skills as a proof-reader would later garner me the nickname Draft Queen by any assistant who worked for me. During this time, I seriously contemplated attending hairstyling school remembering fondly the good old days when I cut all my girlfriends’ hair in high school. While working, I took courses in Sociology of Law at Queen’s Sociology Department. It was at this time that I developed a passion for law and was torn between pursuing academia or law school. Having the option to attend law school or grad school, I believed that a law degree would benefit me in my future as a Sociology of Law Professor so off to Queen’s Law I went. I was convinced that I would find my way back to academia. I was wrong. My first clue was deciding to article. After articling at a large downtown Toronto law firm, I settled into life in much smaller city, Oshawa Ontario, as the only female counsel in a traditional all male firm. Never expecting to practice criminal law and sure I was destined for real estate; I was told on my first day to read the recently decided Askov case and to get ready to head off to court. While I worked for 8 years at that firm as a general practitioner, I quickly fell in love with criminal law. When I eventually opened my own practice in Whitby with a law school friend from Queen’s, I quickly streamlined my practice towards my passion – criminal law. In those years, there were very few women defence lawyers. Developing my craft as a lawyer in a predominantly man’s world took a lot of patience mixed with a touch of moxie but, in the end, I felt proud of what I’d accomplished. After many years of practice, a senior counsel suggested I apply to the bench. I credit him with putting the thought in my mind where it lingered for some time before I finally decided to apply. After 20 years of practising, I felt proud as a woman to have made it to this privileged position. I hope I do justice to the role every time I enter a courtroom.

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

Working with people. It helped me understand that everyone is uniquely situated and has their own story to tell. This has allowed me to understand that my work is inherently human. It has made me a better jurist.

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

Prepare, prepare, prepare. This is the most critical aspect of advocacy. While there are many pressures on counsel, professional and personal, my best advice is ‘know your case and your client’. It will not only make the difference in your representation of your client, but it will garner respect from the court. Trust me, judges can tell. Standing beside your client for a sentencing and asking them for the first time how old they are and whether they’re married, is a strong sign that the lawyer has not spent much time with their client. Be civil and respectful to everyone – the judge, justice of the peace, counsel, your client, witnesses, court staff and others. Regardless of the circumstances, you can make your point without a ‘tone’, without ‘inflammatory language’, and without ‘frustrated body language’. In fact, your point, which may be valid, might be lost. Lastly, don’t underestimate the value of submissions. Often counsel assume that the judge, who has just heard the evidence and knows the law will, ‘make the right decision’. While submissions won’t always change the outcome, take a few minutes to gather your thoughts and put together meaningful, pointed and succinct submissions. And, don’t mis-state evidence.

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

I wish the public knew that we’re trying our best and that the sheer volume of cases, the complexity of cases and the logistics of some court locations are factors which impact the daily work of the courts. I also wish the public knew more about how the system really works. So often, their only source of information comes from sensational cases that hit the news or what’s shared on social media which can often be inaccurate or one-sided.