What was your path into law and onto the bench?
When I was a child growing up in the ’70s and ’80s, higher education, and certainly a legal education, seemed very out of reach. Even later as a law student and again as a junior lawyer, I never imagined myself becoming a judge.
I remember feeling as if I was always on the outside looking in. I am a member of the Mohawks of the Bay of Quinte First Nation; however, I grew-up outside the community. My father is a member of the community and my mother is not. I have vivid memories of the racism that existed then and still does; of how people treated my parents, my grandparents, myself and my siblings, both on and off our community’s reservation.
My parents did not attend university, and I remember high school teachers trying to steer me away from the credits and academic courses designed for students who were university-bound. They made it clear that, that life was not for me.
My father is a long-haul truck driver. My mother held a number of jobs before returning to college—night classes—when my siblings and I were still in school. She had dreamed of being a teacher, and she was able to achieve her “second-best” career as a teacher’s assistant.
Watching my parents’ struggle instilled in me the importance of hard work and the options an education could create.
Going to Lakehead University opened a new world of possibilities for me. Instructors there saw my potential and encouraged me to write the LSAT. I took an elective, Introduction to Property Law, which sparked my dream to become a lawyer.
After attending the Peter A. Allard School of Law at UBC, I articled with the Legal Services Society in British Columbia, which was the legal aid service provider in British Columbia. It was a good fit because I had volunteered and worked for the First Nations Student Legal Clinic during my studies.
The clients I met during that time exposed me to a variety of legal and social issues. Some were living in poverty, or struggling with mental health or addition challenges, while others were navigating difficult circumstances that forced them to make hard choices. Those experiences really opened my eyes to what was happening in broader society and expanded my understanding of the realities that many people face.
In 2000, I joined the Aboriginal Litigation Section at the Department of Justice in Vancouver, which was closely aligned with the legal career I hoped to build.
At Justice, I spent more than 24 years working exclusively on Section 35 issues, which was meaningful for me as an Indigenous person. I believe it’s essential to have First Nations, Métis and Inuit people working on these issues in a government setting because we can bring a unique perspective, share honest opinions, and speak truth to power in ways others without that lived experience cannot.
There was incremental, iterative and meaningful progression over the course of my career there, and I am proud of the work I accomplished; giving voice to perspectives that helped change the approach Justice took to litigation.
I’m deeply grateful to many, many people who supported and encouraged me along the way.
There were amazing mentors in the Department of Justice who took me under their wings, which taught me the importance of professionalism and collegiality. Finally, my experience as a litigator on the Tsilhqot’in Nation litigation in 2004 led the Federal Court Aboriginal Law Bar Liaison Committee to seek out my assistance in the development of the Court’s first-ever Aboriginal Law Practice Guidelines, which recognizes and provides guidance for the admission of Elder testimony and oral history evidence in matters at the Court.
What experience in your legal career best prepared you for work on the bench?
There are so many, but I cannot overstate the importance of mentorship. Much of what you learn as a junior lawyer and litigator stems from conversations with colleagues, debriefs after court appearances, and discussions following negotiations. Those moments are critical to professional growth.
Volunteering with the Native Students Association taught me organizational and communication skills, as well as practical skills such as fundraising and community outreach. My parents’ values of a strong work ethic and treating people with compassion and dignity were reinforced during my summer volunteering with the Sioux Lookout Friendship Centre.
My late mother-in-law taught me the importance of the Seven Grandfather Teachings—love, honesty, respect, wisdom, truth, humility, and courage—and how to incorporate them into our everyday lives, as Indigenous people.
Finally, being a mother taught me how to balance competing responsibilities while recognizing the importance of making time to recharge with those who matter most to us and bring joy to our lives. While the work we do is serious, we should never take ourselves too seriously.
Children have a way of reminding us daily of the importance of humility.
What advice to you have for counsel who appear before you?
You must prepare properly. I cannot underscore that enough. Judicial review proceedings make up a significant portion of our work in our Federal Court. There is a paper record that I have reviewed carefully in advance.
Be the most prepared person in that room and make sure you have an answer to any question I might have. You should know that paper record like the back of your hand.
Ethics and civility are paramount. Lawyers are officers of the court, and it is important that, as lawyers, you constantly remember this and behave accordingly.
Building on my earlier comments about mentorship, I would also encourage lawyers to seek out mentors throughout their careers. It is important to understand that everybody needs a community, not only to help them develop professionally, but also to support them personally.
What do you wish the public knew about our justice system?
I wish the public knew and appreciated the wonderful judicial system that we have and that its professionals are incredibly dedicated. It is critical that we have an impartial and independent judiciary, and we should not take that for granted.
I believe everyone working within the justice system is committed to ensuring that the best possible decisions are made. While the law evolves and there is always room for improvement, we should not take the strength of our judicial system for granted.