WHAT WAS YOUR PATH INTO LAW AND ONTO THE BENCH?

I did not always plan on going to law school. My career choices initially were journalism or the foreign service. I chose to study political science because I liked writing and debating. The summer after first year university I had a job working with someone who had just finished her first year of law school. She had started out on the same path as me. She suggested I might consider a legal education because it would provide an opportunity to hone written and oral communications skills and allow me to one day use those skills to earn a living, even if I did not become a lawyer. I took her advice and attended law school at the University of Alberta, graduating in 1990.

Near the end of the articling year, I saw an advertisement for a first-year associate position at a firm in Yellowknife. I had always wanted to come here, and I was thrilled when I got the job. I moved here thinking I would have a two-year adventure and get my feet wet in litigation, then return to the “big city”. Thirty-one years later, I am still here and feel blessed for the career I have had and the friends I have made. I started out as a litigator in private practice, focussing on family law. This was mixed in with work in administrative, municipal, contract and tort law and as the Deputy Law Clerk to the Legislative Assembly of the Northwest Territories. I had full responsibility for my files, but with the comfort of senior associates and partners who had an “open door” policy and who were committed to mentoring young lawyers. I served clients from all walks of life and from all over the Northwest Territories and Nunavut. Helping my clients find long-term solutions which reflected and served their specific interests allowed me to call on a variety of problem-solving skills, including those outside of the legal toolbox.

After about five years, I joined the Government of the Northwest Territories’ Department of Justice.  I continued to work in litigation, but my focus shifted to labour and employment, constitutional and administrative law, including human rights litigation. Government legal counsels in small jurisdictions are typically called upon to do more than just advise on the law as it exists; they are often consulted on matters which shape the development of policies and legislation. The experience gave me an opportunity to see the inner workings of government and I gained great appreciation for the work of fellow members of the public service and the politicians who drive policy and legislative changes,

Eventually, I moved into management, first as the Director of the Legal Division and then as the Assistant Deputy Minister on the Attorney General side. The work allowed me to participate in developing policies, programs, and legislation with tangible benefits for an array of justice system users, including a free mediation service for parents involved in disputes over children, the creation of an Office of the Children’s Lawyer and improved legislation for enforcing support orders. As well, I had the opportunity to participate in a committee, under the leadership of Judge Christine Gagnon of the Territorial Court, which shaped the policy behind and the creation of a domestic violence treatment options court.

The experience in government was very rewarding. This said, I missed the “hands on” legal problem solving that came with being a lawyer “on the ground”. As well, I had obtained a Certificate in Arbitration and I was working on a Certificate in Mediation. I was interested in opening a law practice which included arbitration and mediation services as I saw a need for these kinds of alternative problem-solving models in the North. So, I made a decision to apply for a leave of absence to complete a certificate course in mediation. Just when I made the decision to change directions, a friend who was retiring from the bench suggested I apply to be a judge.

Just as I did not start university thinking I would become a lawyer; I had never considered being a judge as a career option. The more I thought about it, though, the more intrigued I became. It would put me back in a courtroom and allow me to use my legal training directly, but it would also offer opportunities to moderate settlement negotiations and assist litigants in mediated solutions. It was certainly not a “sure thing”, but I figured the worst that could happen was I would not be appointed, in which case I still had my original plan.

I was appointed in October of 2011 and I have never regretted accepting the appointment. Every day brings new intellectual challenges and rewards. The learning is constant. I am truly grateful for and humbled by the opportunity to serve the people of the Northwest Territories as a judge.

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

The people we serve as lawyers and judges come from many different cultural, racial, economic, and linguistic backgrounds. Our individual life experiences shape our perceptions and, importantly, how we process information. When lawyers give advice, it is only useful if the person who receives that advice understands it and can use it to make an informed decision. The same goes for running court processes and rendering judgments. We have to ensure the participants understand the process and the rationale for our decisions. This means we have to be able to gauge whether those at the receiving end of our communications truly understand and appreciate what we are telling them and adapt our communication style accordingly. I have learned to look for cultural differences, learning and literacy issues, and language barriers - even subtle ones - and I adapt my communication style to those circumstances.

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

This may sound trite, but my advice is to keep your eyes – and your client’s eyes - on the big picture. Before you take a step on a file, stop and ask yourself how the action you may be contemplating, be it writing a strongly worded letter to opposing counsel, bringing a motion or making a particular argument, will advance the litigation. Often, that means having a frank discussion with your client about how you will conduct the case, the importance of being reasonable and flexible, and what the “deal-breakers” are.

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

I wish there was a greater understanding about the limits on what the criminal courts can do in response to crime. Taking away an offender’s liberty may go some way in deterring future criminal behaviour, but there are many offenders who wind up before the courts because of significant unaddressed life challenges, including inter-generational trauma, poverty, addiction, mental illness, lack of education and homelessness. Often these factors and their effects have accumulated over the course of an offender’s life, sometimes over generations. Judges do their best to craft sentences which will encourage an offender to try and get the help they need, but the tools we have are limited to prison, probation or a combination of the two. Sentencing is just one aspect of what needs to be a society-wide response to the underlying causes of criminal activity.