WHAT WAS YOUR PATH INTO LAW AND ONTO THE BENCH?

Despite the absence of any lawyers in my family, I have wanted to be a lawyer since I was 5 years of age.  I suspect that this stems from an upbringing immersed in stories from the Bible and identifying as a female David taking on the more powerful Goliath. As I grew older, I began to recognize the injustice in the world—a world where often through no fault of their own, there were many people struggling in so many ways. As such, what began as a rather childish vision of myself as a Biblical character taking on a more powerful entity became a lifelong desire to help those who were not as fortunate as myself.

I attended university and then Osgoode Hall law school. After graduation, I began working with a small civil litigation firm. However, my passion was always criminal law. After 7 years, I was representing a civil client in a large-scale criminal project when l was offered a job in a criminal firm. Although I had just purchased a house and the new position offered a substantial reduction in pay, I decided that it was my opportunity to pursue criminal law within an environment of highly skilled lawyers. It was a risky move for me as my position in the civil firm was secure and safe, but I decided that if I did not take the opportunity, I would potentially regret it. So, I took the chance, accepted the position, and embarked on a new path. It was one of the best decisions that I ever made!

After two decades in law, it was clear that it was time for the next stage in my career—applying to the bench. This was a dream I have had since I was 12 years old. In fact, for my swearing-in ceremony, I found a project that I had done in the 7th grade. The project was “All About Me” and one of its components was to draw a picture of where I saw myself 15 years in the future. I drew myself on the bench sentencing a poor unfortunate soul (who did not have a lawyer standing beside him) to 3 years custody! Obviously, my 12-year-old self had not recognized that the path to the bench is a long one and does not occur within a few years of graduating from law school!

The decision to become a judge was also a risky one. It meant giving up my licence to practice law and leaving the service of an advocate—a role I thoroughly enjoyed—and entering into public service. I am now approaching my 5th year as a judge and have welcomed the challenges that serving as a judge has brought.

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

The representation of people charged with a crime prepared me for a career on the bench. Through the representation of a wide variety of people, I gained a greater understanding of how and why many people come into conflict with the law. Racial and gender discrimination, physical challenges, poverty, mental health issues and addictions are some of the main reasons that people find themselves committing criminal offences. By representing people of all backgrounds, I learned that people charged with crimes are not necessarily of poor character, but rather, are oftentimes driven to commit their offences because of issues such as racialization, discrimination, mental health, and addictions. This insight provided empathy towards those who come into my courtroom and allows me to delve more deeply into the reasons underlying the infraction alleged and to strive to see the person behind the offender.

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

Be prepared! I once appeared before a civil Master who bemoaned the number of students appearing before him without the “Rules of Civil Procedure” textbook. He compared this situation as akin to attempting to play tennis without a racquet.  A similar situation occurs in criminal courts. I am amazed at the number of advocates who attend court without a Criminal Code. Good preparation includes knowing the facts of your case and the leading law in areas that may come up during trial. It also includes trying to predict what your opponent will advocate and being prepared to counter it. 

Remember that your reputation can be easily lost. On my first day as an articling student, my principal warned me that an advocate has but one reputation and if tarnished, it is near impossible to regain the shine. Be honest with your clients and honest with the Court. If you don’t know the answer to a question, admit this and seek out the answer. If you have made a mistake, acknowledge it with candor.  Keep in mind that judges talk amongst themselves and you only have the one reputation that will follow you throughout your career.

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

As almost all my experience has been with the criminal justice system, I will speak to what I know the best. Crime is a fascinating subject to the public, as demonstrated through the popularity of books and movies about crime, criminals, and the court system. Unfortunately, the downside to this curiosity is that the public expects the courtroom experience to unfold as it does in popular culture, where a crime is definitively solved within the span of the book or movie. As students of the law know, there is no definitive answer. We apply different standards of proof, depending on whether the case is a civil one or a criminal one, but the people working in the criminal justice system, as human beings, can and do make mistakes and reasonable people can disagree about outcomes.

I also wish the public knew that criminal offences are generally not committed by “bad people” but rather by individuals who are facing personal struggles such as addiction, mental health issues and poverty. The people who are found guilty of criminal offences may not be much different than the average citizen but have made a mistake or mistakes. While our laws require that all of us be held to account for breaking the law, demonizing a person for making a mistake is counterproductive to both the offender and society as a whole.