WHAT WAS YOUR PATH INTO LAW AND ONTO THE BENCH?

I grew up in rural Ontario and went to a small public school and high school. I did not really know any lawyers. So, I cannot really say that the practice of law was on my radar while I was growing up.

By the time that I was closing in on the end of my undergraduate degree, the one thing that I was certain of is that I was not done with school. I wanted to pursue a profession. Most of my family were in education and I thought long and hard about that, but ultimately decided that I still was not sure about what I wanted to do with my work life. So, I decided that a law degree was a good option for me, one that would leave me with sufficient flexibility to take hold of what inspired me.

I was very lucky to be accepted to the University of Toronto Law School where I had no difficulty being inspired. I eventually started to concentrate on the criminal law. Several things pushed me to this area of the law, including the fact that I have always been drawn to the human element which is brought into such sharp focus in the criminal law.

I articled at the Crown Law Office – Criminal at the Ministry of the Attorney General for Ontario. This is the office that, among other things, handles all the indictable criminal appeals in Ontario. That was an incredible year of engaging, formative experiences, including the extraordinary experience of working on cutting-edge appeals, perhaps the most memorable being, R. v. Seaboyer; R. v. Gayme, [1991] 2 S.C.R. 577, where the Supreme Court of Canada exposed and dismantled myths about prior sexual history that had so badly plagued sexual assault law.

At the Crown Law Office – Criminal, I was surrounded by incredible mentors, including very strong, women role models who were at the top of their game.

By the end of that articling year, I had no doubt that, if the Crown Law Office – Criminal would have me, I would have them. Thankfully, and again with a stroke of luck, they decided to have me. 

I worked there for over 20 years, enjoying the privilege of arguing many indictable criminal appeals, as well as having a steady diet of trial work. Over those years, I enjoyed the way in which the criminal law presents the opportunity to balance important and sometimes conflicting interests. I thoroughly enjoyed my role as Crown counsel and took my responsibilities as a quasi-judicial officer very seriously.

After serving the public for so many years, it was time to enter the private practice of law and use my skillset in a whole new way and from the opposite side of the courtroom. This was a very exciting time for me. I joined Stockwoods LLP as a partner. Stockwoods was a wonderfully welcoming environment, where I again found myself in the fortunate position of working alongside incredibly talented, hard-working professionals. It was a privilege to work closely for and with clients, many of whom I still think about today.

I was appointed to the Superior Court of Justice in December 2014. I sat as a trial judge in Brampton, Ontario, a notoriously busy jurisdiction, especially when it comes to the criminal trial roster. Again, luck was on my side, working alongside intensely dedicated professionals with their compasses trained so keenly upon justice. While I only sat as a trial judge in Brampton for 2.5 years, owing to the sheer quantity of work in need of attention there, I often think that the experience I gained in Brampton far outstripped the number of years I spent there.

I was then appointed to the Court of Appeal for Ontario, where I have sat since July 2017. I was appointed the Associate Chief Justice of Ontario in September 2020.  Again, through sheer luck, I find myself surrounded by consummate professionals and working with a Bar that does the administration of justice proud.

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

There is not a single experience in my legal career that best prepared me for work on the bench, but if I had to pick an overarching theme from my prior legal practice, I would say that it relates to the intentional diversification of my practice.

Prior to becoming a judge, I was primarily an appellate litigator. However, I enjoyed a wide range of experiences in the justice system. I was both a Crown and a defence lawyer. I practiced extensively in the Ontario Court of Justice, the Superior Court of Justice, the Court of Appeal for Ontario, and the Supreme Court of Canada. I worked with the police and with victims of crime as well as with accused persons. I litigated complex trial matters, and I also did my share of working through a more typical daily list in provincial court.

Not only did these experiences give me an excellent grounding in the law, but they also gave me a good sense of the justice system at work, how the various parts fit together, and the multitude of interests at work. That broad perspective is invaluable to my work today.

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

My advice to all litigators is to remember that, at its root, we are all humans engaged in a deeply human process inside of the courtroom. Just outcomes can be best achieved when we each understand that we have specific roles to execute in the courtroom to the very best of our abilities. This means that you should not think too hard about what the judge is thinking or what the judge may or may not do. Having been a litigator for so many years, I can tell you that whenever I ventured into that type of thinking, I was usually wrong.

Go to court confident in your position and with your “A” game on, but never with the weight of the world on your shoulders alone. Collectively, we share that weight in the administration of justice. The judge will ultimately do what the judge does, and you cannot control the ultimate outcome. What you can control is the work you put into your case ahead of time, so that you are prepared to confidently advocate in support of your position, advancing a reasoned and principled argument. When you approach your advocacy exercise in that spirit, you have a far better chance of enjoying the experience and resting well in the knowledge that you have done everything you can to advance the justice of the case.

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

I would change this question slightly to: what do I sincerely hope the public knows about the justice system? For me, the answer to this question is clear: Canada enjoys a vibrant, ever-evolving justice system that is inextricably linked to our democratic way of life.

It is a truism that when the public loses confidence in the justice system – loses its respect for the justice system – that the rule of law is put at risk. And when the rule of law is put at risk, democracy is put at risk because the public’s confidence in the judiciary is critical to maintaining an ordered, predictable, and stable society: Reference re Secession of Quebec, [1998] 2 S.C.R. 217, at para. 70.

So, what I sincerely hope that the public knows is that we have a strong, open, accountable justice system that is brim full of dedicated professionals who work exceptionally hard in pursuit of justice.

For over 30 years now, I have watched champions of justice who come from all parts of the legal system. I am exceptionally proud of our justice system, which is made up of extraordinary professionals who give so much of themselves. I am privileged to work among them. And I sure hope that the public knows that it is those champions who not only support this democracy of ours, but who are engaged in a never-ending process of pushing it to greater heights.