What was your path into law and onto the bench?
I am the daughter of an Italian immigrant who settled in Quebec at the age of 27 and who married a Quebec woman. They had three children, and I am the oldest. I was born in Quebec and grew up in Quebec City. As a child, I grew up in two cultures, in that, obviously, I was in Quebec surrounded by Quebec society, but my father, who did not speak French when he came here, opened a restaurant in Quebec City that was very well known for 43 years. His restaurant became a Quebec institution, where I also worked for about 15 years, from a very young age. I grew up in a fairly Quebecois environment, while also having this Italian community that my father spent time with and that we were a part of. That is why today, I would describe myself as belonging to two worlds: Italian and Quebecois.
After studying law at Université Laval, I was admitted to the Barreau du Québec in 1986. I immediately started my career at Martineau Walker (now Fasken) in Québec City, then in Montreal. First, I worked in commercial litigation, and I quickly integrated the family law division, which a well-known lawyer trained me in. From the outset, my intention was to work in both departments, but demand in the family law division exploded. One year after arriving in Montreal, I integrated fully into the family law division.
In 1993, after having met my husband, a Montreal citizen living in Quebec City, I decided to move back to Quebec City. I worked at Lavery De Billy (now Lavery) and then, in 1997, I decided to work as an independent contractor. I had two young children at the time. I wanted to keep working while maintaining more flexible working hours. In short, I partnered with another lawyer in a similar situation and together, we created the department of Family and Personal Law within the Tremblay Bois Mignault Lemay law firm (now Tremblay Bois). An agreement made it possible for us to develop independently while benefiting from the law firm’s administrative structure.
Around 2004-2005 I found myself in a delicate situation, as my husband, who was also practising family and personal law, was working with the same clientele I was. Avoiding conflicts of interest was quite a challenge in a small city like Quebec City. After some reflection, we decided to work together, and I joined his firm, which was then called Garneau Verdon Michaud Samson (now Verdon Armanda Gauthier). However, I did not stay there for long, as I was appointed a Judge of the Superior Court of Québec in November 2006. I applied because I had been invited to do so, and I told myself that I should try my luck, while keeping a cool head, since you don’t get appointed just because you applied.
That’s how I ended up at the Superior Court of Quebec two years later, at the age of 43. Then, in 2009, I became coordinator of the Family Court in the District of Québec, a role I held until I was appointed Senior Associate Chief Justice of the Superior Court of Quebec in 2019.
What experience in your legal career best prepared you for work on the bench?
My career as a lawyer in family and personal law is built around a traditional practice: appeal when necessary and prioritize amicable settlement whenever possible. Over time, I established a clientele that shared this approach, which allowed me to align my practice with my values. The first principle Judge Pierrette Rayle instilled in me is the following: “Never forget that what you’re selling is your reputation. No client deserves a lawyer who has something else in mind. The client chooses you, but you also choose your client.” This philosophy defined my practice and allowed me to attract a client in search of sound advice and a balanced approach in the management of their separation.
The other thing also of value to me as a judge was that I developed excellent relationships of trust with most of the colleagues I worked with during my time as a lawyer, both in Montreal and Quebec City.
I would also add to that the development of other conflict resolution methods. I was part of the first collaborative law group when this approach began several years ago. I quickly became interested and took courses in family mediation so I could become a certified mediator, while continuing to practise. As a lawyer, I felt it was important to offer my clients several types of services so I could respond to a wider range of needs. I have also written a lot and provided training to lawyers and judges and to the general public. I have always been a big believer in communication and high-level continuing education.
Lastly, I find that in addition to my professional experience, the support I received from my family greatly helped me in preparing for the bench. Initially, when I learned that my appointment to the Superior Court of Quebec would mean travelling regularly to far-off regions, I was somewhat shocked. My children were still young, and my husband was very busy, so I wondered how we would manage. Fortunately, we found a solution, and my father played an essential role. As a top-of-the-line chef, he had just retired and took it upon himself to prepare and deliver homemade meals to my family every week, whenever I was away. Thanks to him and with my husband’s support, our children didn’t have to worry about a thing when it came to meals. This stability at home allowed me to devote myself fully to my duties as judge, and in hindsight, I realize to what degree their support was invaluable to my career.
What advice do you have for counsel who appear before you?
The advice I would give to lawyers appearing before me is to be well prepared, able to answer the Court’s questions, and, if they don’t know the answer, to indicate that they would be able to look for the information. If the Court asks a question such as, “You said this, but another school of thought supports the opposite. What do you have to say about this?”, I particularly appreciate the lawyer who responds with, “Yes, Madam Justice, it is true that there are two schools of thought. What you said is entirely accurate, but in my opinion, the first applies here, and this is why.”
You also need to be aware of your reputation. It’s crucial to your career. That’s your selling point if you want a good career that aligns with your values. They say it takes years to build your reputation and five minutes to destroy it.
If you have less supporting evidence for your client, it’s often best to broach this right away, rather than waiting for the opposing party to control the debate. It’s therefore important to anticipate the opposing party’s theory. And the most important, the principle that underlies everything: prepare your theory of the case. It’s unbelievable how essential this is, and I have to say that not all lawyers do it.
I’d also add the importance of being courteous and respectful in the courtroom. Sometimes, in very tense cases, lawyers come into the courtroom under stress. It’s important to remember that although our role as lawyers is to defend our clients, there is a respectful and professional way to do so that allows for true teamwork, where everyone plays an essential role in ensuring that a justice of quality is upheld. The judge does their work, the lawyers do theirs, and at the end of the day, everyone should be able to say to each other, “Thank you very much. This was a pleasant collaboration,” even in a difficult case. I expect the professional to be the adult in the room. Sometimes, a client can be more inflexible or emotional, but it’s up to the professional to maintain their composure. This behaviour, this maturity, is very much appreciated by the entire team.
What do you wish the public knew about the justice system?
They are lucky to be in Canada, and most certainly to be in Quebec. My comments apply to all Quebec courts, but it’s the Superior Court of Quebec that I know best. If I had to address citizens, I’d tell them they are fortunate to be part of an impartial justice system where the rule of law acts as a compass. They also have access to a justice of quality, served by judges who are dedicated to meeting the needs of the citizens who turn to them. These judges hand down decisions with absolute impartiality or intervene otherwise, for example, within the context of an amicable settlement conference. Obviously, no system is perfect, but under the circumstances, we have a solid justice system that works well. And if we look at what is going on elsewhere in the world, it is important that we not take it for granted.
If I had one wish, it would be that more citizens be aware of the value of the work we do and that they know how important it is to protect our justice system. It is with this in mind that several Superior Court judges visit schools to explain the foundations of our justice system. We also try to meet with members of the wider community to explain what our justice system actually is and why it’s important to be proud of it and defend it.
Sometimes you hear the justice system being criticized. Fortunately, this doesn’t happen often, but sometimes, judges are publicly criticized. You have to be careful about that. Of course, sometimes, certain decisions or situations don’t unfold as wished, but it’s always important to step back and consider the system as a whole, rather than focusing solely on isolated cases. These specific situations have to be made known, and it’s my role, as Senior Associate Chief Justice, to be informed and intervene if necessary. But in general, if we talk about the system as a whole, it has to be protected. And to be able to protect it, you first have to better understand it to realize that the justice system is the backbone of our democracy.