The Honourable Kathleen Linton

Hon-Kathleen-Linton-1.jpgWHAT WAS YOUR PATH INTO LAW AND ONTO THE BENCH?

My path into law was fairly unremarkable. I had a BA Honors degree in Psychology and had been accepted into a Master program at Berkley, University of Southern California. Due to some life challenges, I placed that educational pursuit on hold and successfully applied to the University of Alberta Law School. For the three years of schooling, I maintained a high GPA Average. At the time, as a naïve twenty-one-year-old, I thought my path would be easy. I would article at a law firm similar to the popular television show at the time, L.A. Law. Reality was soon to hit me upside my head. I interviewed at many large and mid-size firms in 1986-87 with no success. I undertook “training” to master both individual and group interviews, still with no success. I slowly came to the realization that the law community in Alberta did not know what to do with a Black female. I was not the right “fit” irrespective of knowledge and drive.

At the latter three months of my third year in law school, I was one of 15 students who did not have a confirmed articling position and I was prepared to resume the psychology dream. Again, reality hit, and three of my professors took me to lunch and discussed the situation. They had collectively set up an interview with a small boutique firm in a satellite community to Edmonton. The interview was perfunctory, and I had a placement set to commence in July right after exams. I did those articles, obtained my certification and commenced my career as a sole practitioner. I hardened my resolve to give this profession five years to see if I could make a reasonable living. I leaned into my law student friends, Legal Aid, neighbors, anyone who would provide me work. I listened to my inner compass to guide my path. I challenged myself to confront fearful situations by just experiencing the fear, being afraid but showing up with gratitude and respect for the opportunities. Some opportunities were of assistance and others were not. I committed to engaging in education both in the law and pursuing my Masters in Clinical Psychology.

I attended conferences, joined national and international court and solicitor associations to further assist me. I often noted that I was the only person of color in the room but quickly shut down those limiting beliefs. I committed to providing the best service to my clients. I maintained strict boundaries between personal and professional life. The years unfolded and I built an excellent reputation. In the last 18+ years of my practice, I specialized in representing children. The work was amazingly rewarding.

I won’t say that being a Judge did not cross my mind a few times during my practice, but I did not give much thought to it until my last 8 years of practice. I had had a full practice. My family life was great and satisfying. I was transitioning into retirement. I was approached by a Justice who convinced me to apply for the position. Prior to applying, I discussed the matter with my family and close personal friends. Again, I leaned into my community and submitted the application. The process is not public so I can only comment on my experience. Given I was not political, I choose to believe my appointment was made on merit and competence. Additionally, the color landscape of the peoples of Alberta had change in my 34 years as a practitioner so I am prepared to attribute some consideration to race.

One lesson I learnt over the years is to be true to yourself—you cannot be anyone else. Do not negotiate who you are for any reason. Stand proudly in the light, be open to advice, apply creative solutions and lean into your community however you define them.

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

The standard response would be education and experience, but those factors provide no assistance to colleagues or to the public. The former is expected. In my experience, what I believe to be one of the most important traits that I have learned is to believe in yourself. The latter is easier said than achieved in practice. You must be open to remarks, feedback, criticism, etc. The majority of people are well intentioned and want you to succeed. But at the end of the day, you must listen to your inner compass, determine which remarks are of assistance to you now in the present situation and forge ahead based on your beliefs. You must also be open to the fact that sometimes you are not ready for the advice. You must foster a willingness to learn from errors in judgment, dismissive attitude, and inattention. Again, show up every day, placing one foot in front of you and building on that foundation. This commitment is what I believe a proficient Judge must embrace and do.

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

First, I rarely give advice to anyone and if I do, it is to close family and friends who ask for it. More appropriately, I will provide suggestions or proposals to Counsel. I will repeat the life advice that my father gave to me growing up which has stood me in good stead. It is to spend greater time listening to someone than talking at them. Translated to the legal arena, listen to all parties and prepare for all arguments. Never be unprepared for the opposing argument.

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

This is an excellent question. Many members of my family despite their interactions with me through the years hold on to antiquated views of the Justice system. I find that the question for many people is not access in pragmatic terms such as education or financial. They do not believe that they can trust the legal system to apply the laws equally to them irrespective of race, financial and societal backgrounds. I want the Public to know that we do our utmost best when they place their issues before us and or attend before us, and that we will listen and administer the law fairly and equitably to their situation. That no one is dismissed, ignored, or pandered to. On any given day, at any given time, we assume the mantle of the Justice system and we discharge that duty in a neutral way.