The Honourable Marianne Rivoalen

Justice-Rivoalen-1.jpgWHAT WAS YOUR PATH INTO LAW AND ONTO THE BENCH?

While in my undergraduate program, I was focused primarily on the study mathematics. When I completed the program, I was uncertain about my next steps. One of my good friends and study partners with whom I had taken several science courses (she went into medicine) suggested that I should consider applying for law school, as her older sister was in second year law school and really enjoying her experience. As a Franco-Manitoban, I decided that I would apply to attend law school in Moncton, New Brunswick, so that I could study common-law en français.

Growing up on a farm in rural Manitoba, I had never been exposed to the law, lawyers, the law courts, or anything remotely related to law. I had no idea what lawyers did for a living. I went into law school a blank slate, ready to learn and with no expectations. I enjoyed my experience in law school, enjoyed my classmates who came from across Canada, enjoyed the beauty of the Atlantic Provinces and the warmth of the Acadian people.

I came back to Manitoba in 1988 to complete my articles and had the good fortune to be hired by a large Winnipeg law firm. After 10 years, I joined a larger law firm in Winnipeg and practised there a further 5 years. Throughout my years in private practice, I focused on civil litigation, and offered my services in both English and French.

While in private practice, I devoted a large amount of my free time volunteering with various community organizations. My primary interests were giving back to my French community and working with French women’s organizations. I quickly became involved in a number of French boards over those years, such as: la Caisse Populaire de Saint-Boniface Ltée; le Centre Miriam Centre Inc.; RÉSEAU de femmes; and the Taché Nursing Centre/Foyer Valade. I was president of Pluri-elles (Manitoba) Inc., a French women’s resources centre, from 1994 to 1997. I ended my community volunteering as president of la Société Franco-Manitobaine (SFM) from 2000 to 2003.

I also volunteered in the legal community, and devoted time as a member of council of the Manitoba Bar Association; was a committee member of Legal Education Action Fund (LEAF) Manitoba Legal Committee; and served as a member on several committees of the Law Society of Manitoba. I was involved as a board member of l’Association des juristes d’expression française du Manitoba (AJEFM) and became its president from 1997 to 2000. In addition, I volunteered on boards outside of the French community and the legal community, such as the Royal Winnipeg Ballet and the Manitoba Community Services Council Inc.

In 2003, I left private practice and joined the Winnipeg office of Justice Canada to work in the Aboriginal Law Services department. I became Senior Counsel and Team Leader and was responsible for the Indian Residential School Litigation in Manitoba. This position afforded me the opportunity to work with a number of survivors from the Sagkeeng First Nation who attended the Fort Alexander School. Catholic congregations that were members of the Archdiocese of Saint-Boniface had run the Fort Alexander School. I was therefore asked to take on these claims because the majority of the historical church records were written en français.

My 22 months spent working on these claims was completely transformative. Not only was it the first time that I became aware of the history of residential schools in Canada, I had the privilege of visiting Sagkeeng First Nation, of meeting many survivors and hearing their stories, and most importantly, of assisting in the resolution of several claims outside of Court.

After about ten years of practice and volunteering, members of the French community and members of the legal community encouraged me to apply for the Bench.

On February 2, 2005, I was appointed to the Court of Queen’s Bench (Family Division). I acted in the Associate Chief Justice (Family Division) position from May 31, 2012, until May 22, 2015, when I was appointed to the position of Associate Chief Justice (Family Division).

On September 20, 2018, I left the Manitoba Court of Queen’s Bench and joined the Federal Court of Appeal.

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

Now you know about my background and legal career, I will tell you about the approach I take to promoting young lawyers.

In practice, but especially on the Bench, I have been able to mentor and encourage lawyers with aptitude, talent and heart, to stay in practice and to stick it out. Some of those I have encouraged are now on the Bench. I am a firm believer of paying it forward, and at all times, of choosing kindness over harshness.

There are a number of characteristics that contribute to making a person a good lawyer: intelligence, honesty, a good work ethic, integrity and even at times courage. Here are a few other points that I believe are important to consider, in no particular order.

  • Find a mentor and, when the time is right, be a mentor. Give back.
  • Success is not measured only in dollars – success is also measured in the way you feel about yourself, your professional competence, your ability to thrive and grow, and to face challenges.
  • Never forget that you are a member of a profession. You are not in business. Your clients might be, but there is nobility and integrity in the tradition that you are now obliged to carry on. In the Court context, always be scrupulously polite to both your opponent and to witnesses.
  • Professionalism means understanding how to take the high road. Never say anything in an email or a letter that you don’t want to see in an affidavit.
  • Integrity and reputation are, along with competence, the most important assets you can have as a lawyer.
  • You have a duty to the Court and as well to your clients never to knowingly deceive or mislead the Court, even if you think that it is in your client’s best interest to do so.
  • Judges trust counsel, and this trust must not be abused. It can be lost, and that spells disaster for you as a lawyer. Judges and opposing counsel soon get to know whom they can trust.
  • Courtesy should be your watchword, whether you are in or out of Court. It is an important facet of your reputation.

So here are a few of my thoughts. Thank you for your interest.