The Honourable Jean M. Whalen
What was your path into law and onto the bench?
My path into law and onto the Bench, on the surface, was the usual one. My parents, particularly my mother, instilled in me the desire to attend university from a very young age. Like any parent, they wanted their children to do better, to have more opportunities than they were afforded. In my African Nova Scotian community, such opportunities did not come easily. Law was not my first thought, but I landed in law school after completing two undergraduate degrees. I was the only Black student in my law school class. During my time at the law school, there were three Black students in total. Perhaps it is not surprising that law was not my first thought. Thankfully, since then Dalhousie University introduced the Indigenous Black and Mi’kmaq Initiative in 1989 to “increase representation of Indigenous Blacks and Mi’kmaq in the legal profession in order to reduce discrimination”.
After a few years, I was hired by the Nova Scotia Public Prosecution Service. This was in 1989 and I was the first Black provincial crown prosecutor in Nova Scotia. This did not happen without significant forces at play. The Royal Commission on the Donald Marshall, Jr., Prosecution released “The Marshall Report” in 1989. The recommendations called for equitable hiring practices in the criminal justice system. I was the first hire in an attempt to put those words into action.
Reflecting on it as I near the end of my legal career, I am struck by the amount of change these past 35 years. Over the years, I have been blessed to see my community grow in our law schools, bench, and bar. The discussions about equity and inclusion we hold so openly now were unheard of for so long. I would never have predicted this progress. And the magnificent voices we have today to continue this journey make me feel thankful every day.
When I applied to the Bench, I did so because our institutions did not reflect the communities they serve. On January 15, 2009, I became the 3rd African Nova Scotian appointed to the Provincial/Family Court of Nova Scotia (Judge Corrine Sparks and Judge Castor Williams preceded me) and the first to be appointed to sit in Cape Breton (Sydney). I continue to mentor African Nova Scotian lawyers interested in applying to the Bench and stay involved with IB&M students, along with younger grade school students. Indeed, all things are possible.
I have also had to navigate the intersection of race, gender and sexual orientation during my career. I didn’t speak about being gay as being Black was battle enough. I was already considered “other “and adding another layer seemed insurmountable. When I joined the International Association of LGBTQ+ Judges and attended my first conference I felt part of a community. I was welcomed with open arms. I have been a director on the executive for a couple of years.
I retire next month, so I have been reflecting a lot lately. My legal career has not always been easy. I did not always feel like I “belonged”. There were tough days. But despite those tough times, I find myself thinking more about the great days and the wonderful friends and colleagues along the way, the positive change in our systems, and the hope for more as we continue to grow.