WHAT WAS YOUR PATH INTO LAW AND ONTO THE BENCH?

I was initially interested in sociology due to my fascination with personality and social dynamics. However, my brother, a lawyer, convinced me that law was a much more useful skill than a master's or a Ph.D. At that point in the 1970s, I saw lawyers as men in three-piece suits in corporate law. It didn't interest me at all. But my brother was very clever, and he highlighted figures like Ralph Nader and his Nader's Raiders who fought for consumer rights against large corporations, demonstrating that law could be a means of helping people. Inspired by this perspective, I took the LSAT, got into law school, and fell in love with the subject from my first class.

Becoming a judge was beyond my imagination. Simply being a lawyer was a significant accomplishment for me. Then I became a law professor. I got a master's, and I was very happy. In the early ‘90s, the Attorney General and the Minister of Justice of Manitoba said that he would appoint women to the bench, but there were no qualified women lawyers. This ignited a collective effort among women’s organizations urging women lawyers with over ten years of experience, including myself, to apply. I never thought that I would actually be appointed. The idea was to flood the AG’s office with applications from women lawyers, and so I put in an application, and I got appointed. And here I am, 29 years later. I feel like I have been very privileged and lucky, but I wouldn't have done it without the support of all those women’s organizations.

I was amongst the first group of women to attend law school, and I experienced being the only woman in many settings. Now, when I come into a courtroom, I sit on a panel on an appellate court with two other women, and oftentimes, when I come in, the whole courtroom will be women. There has been a significant transformation within my lifetime. While there's still much progress to be made, it's important to acknowledge what we have achieved and recognize that change only started to happen when women got involved and took positions of power. That's when we got the matrimonial property laws changed. That's when we got the definition of rape changed. It was only when we took it upon ourselves to become involved that things changed. When you get women in positions of power, women prosper, and that's what we need to do.

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

First of all, I am the daughter of a very strong woman and the child of Holocaust survivors. My late mother only had a grade 9 education, but she was a force of nature, and she instilled in me resilience and independence.

The most significant educational experience I had was growing up in the back of my parent’s grocery store in the north end of Winnipeg. It exposed me to a wide variety of individuals. I witnessed poverty, addiction, and the community's efforts to address these challenges. Observing these issues on a daily basis and at a personal level also provided me with invaluable insights into the complexities that I encountered in my courtroom.

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

Try to make the judge’s task easier. Sometimes the judge has a very difficult problem, and they have to choose between two options. If the lawyer can come up with another option, a solution that solves the judge's problem, the judge may very well adopt it. I am aware that an increasing number of courts are moving towards written submissions, but I am a big supporter of advocacy. I will often read the factums and think that I will decide in a certain way or see the case in a certain way. However, a skilled advocate can present the issue in a manner that I had not previously considered, and prompt me to reassess my perspective.

It varies depending on whether you're appearing before an appellate court or a trial court. In an appellate court, there's no need to reiterate the facts for me as I've already reviewed them. Avoid going through all your issues or grounds of appeal. Instead, concentrate on your strongest points. Be respectful, but be assertive and identify areas where they are having difficulties. Assist the judge in reaching a solution that is aligned with your desired outcome.

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

The problems that we grapple with arise from complex societal issues, and the solutions have to be nuanced. Passing laws should not be the first solution. Similarly, the justice system should be your last solution. Alternatives such as mediation, collaborative lawyering, and arbitration, should be explored before resorting to litigation. Of course, there are times when you need the law. Of course, there are times when you're dealing with people who require legal solutions, but it should be the last resort, not the first.