The Honourable Nancy Orr
WHAT WAS YOUR PATH INTO LAW AND ONTO THE BENCH?
I grew up on a farm in P.E.I. While my father left school at age 15 to work on the farm, both he and my mother appreciated the importance of an education. They encouraged my brothers and myself to apply ourselves in school—the alternative was extra chores on the farm! From an early age, I wanted to be a lawyer, and after receiving a Commerce degree at Dalhousie, I attended the University of Ottawa Law school and returned to P.E.I. following graduation.
When I was called to the Bar in P.E.I., I was the eighth woman to be admitted and the seventh to practice. While there were not many female role models, everyone was supportive of each other.
I was a staff lawyer at P.E.I. Legal Aid for fifteen years. Initially, I was hired to work on a project to see if there was any need for family legal aid in P.E.I., which was established in the first half hour I was on the job. Over time, the majority of my work was in criminal legal aid.
In 1995, I was the first woman appointed to the Provincial Court of P.E.I. After 26 years on the bench, I still enjoy the challenge of the work. While there are many sad and difficult matters, it is the unpredictability of a trial that ensures there is rarely a dull moment and highlights the importance of waiting until all the evidence is in. I enjoy criminal law—a case has a beginning and an end, unlike family law
WHAT EXPERIENCE IN YOUR LEGAL CAREER BEST PREPARED YOU FOR WORK ON THE BENCH?
Lawyers tend to use big words and a lot of legal terminology. From my work at Legal Aid, I appreciated the importance of using plain language with my clients to explain the law and how it applied to them so they could make informed decisions about their cases. As a judge, I believe it is important for those in the courtroom to understand what is happening, and that it is important to use terminology appropriate to the participants in each case. From my volunteer work as an administrator in junior hockey, I understood the importance of making a decision based on the facts of the situation, regardless of whether it would be popular or not.
WHAT ADVICE DO YOU HAVE FOR COUNSEL WHO APPEAR BEFORE YOU?
While it is important for counsel to be prepared and be respectful, I would like to focus on a different aspect. I would urge lawyers to make time to get involved—in their community and in the legal community. I believe it should aid them in their personal and professional development. As a lawyer in a small province, working only in family and criminal legal aid, I was active in the Law Society and the Canadian Bar Association, serving on the Executive of both organizations, and then nationally on the CBA and the Federation of Law Societies. This gave me an opportunity to expand my legal knowledge, attend continuing legal education programs on a regular basis, and establish contacts across the country that I could call upon when needed. It also assisted in my growth and development as a lawyer. I have continued that involvement since my appointment and served on the Executive of the CBA Judges Forum when it was initially established, as well as the Canadian Association of Provincial Court Judges and the Council of Chief Judges.
It is important for lawyers (and judges!) to be involved in their community. I have been a 4-H leader since I graduated from law school, working with rural youth between the ages of 9 and 21. It has kept me connected with my community, and it also helps the community see that lawyers and judges are real people, helping demystify the law.
WHAT DO YOU WISH THE PUBLIC KNEW ABOUT THE JUSTICE SYSTEM?
Unfortunately, many form their opinion of the justice system from the two-inch newspaper article or the thirty second sound bite on the evening news. When I speak to groups, I encourage them to come into court if possible and see for themselves what is going on, and I explain that, unfortunately, a two-day trial cannot be summarized in a few lines. I also try to explain that a judge can only make a decision on the basis of the evidence that is heard in the courtroom, not the rumours heard on the street.
More needs to be done in schools to educate the future public about the role of the various participants in the court system, about their rights—and responsibilities—and about the impact that the decisions they make may have on their future.