What was your path into law and onto the bench?
As I responded to the questions posed by the CBA Women’s Lawyers Forum and the CBA Judges’ Section, I realized that in November I will have been a judge as long as I was a lawyer. Time has flown, as it does when you are doing something you enjoy.
My father was the son of Irish immigrants, and he placed a high value on education. He grew up in Cabbagetown (when it really was Cabbagetown). Both my parents were educators and growing up, many summers were marked by my parents packing my sister and me up in the car so they could attend the University of Maine to complete their Masters Degrees. After that accomplishment my father spent portions of every holiday heading to the University of Ottawa where he earned his PhD. That upbringing showed me the perseverance necessary to achieve goals.
Like others who have shared their backgrounds, I decided to become a lawyer while I was in Junior High School. My experiences growing up in Bathurst, a small city in northeastern New Brunswick, helped shape my desire to give back to my community. Although I had friends whose fathers were lawyers, I did not grow up with any personal exposure to the law or lawyers. And I had definitely never met a woman lawyer! Despite this, I was always interested in current events and news reports about cases in the courts throughout New Brunswick.
This curiosity combined with an interest in History and Political Science led me to an undergraduate program in both subjects and then to law school. After graduation, I returned to my hometown to complete my articles and then practice. While in private practice I was very involved with numerous volunteer organizations in my community. I also volunteered in the legal community and devoted many hours as President of the CBA NB Branch, sat on the CBA National Board, the CBA Women Lawyer’s Forum, the New Brunswick Law Society Council and committees and Provincial Regulatory Boards.
Although I did not aspire to be a judge while working and participating in these activities, I was encouraged to apply by an individual who was and is highly respected in the New Brunswick legal community. It took some prompting, but I did apply – after practicing and volunteering for 17 years. I was appointed to New Brunswick Court of Queen’s Bench in 2006 and the New Brunswick Court of Appeal in 2008.
What experience in your legal career best prepared you for work on the bench?
As mentioned earlier, I practiced law in northern New Brunswick for 17 years. I had a general practice and most of the time I was the only woman lawyer at a nine-lawyer firm. This experience, along with being a chairperson on the Labour and Employment Board and a member of the Insurance Board of my province, provided me with invaluable experiences that prepared me for the diverse files we review at the Court of Appeal of New Brunswick. Working with many different people in the volunteer organizations I was member of aided in my ability to listen to different points of view, mediate when there were disagreements and approach issues pragmatically. In my view, my life experience helped prepare me for the bench as it provided me with insight and understanding of people, a respect for differences of opinion, skills to mediate situations and hopefully arrive at an acceptable result. All qualities that are useful as a judge.
What advice do you have for counsel who appear before you?
In practice, and now as I judge, I have always mentored and encouraged young lawyers, especially women, to give the practice of law a chance if they are having doubts. Part of my interaction with lawyers, either one on one or when presenting at seminars, is to give advice regarding their court appearances.
The most effective advocates are those who know their files better than anyone else in the courtroom. Be prepared. Know the strengths of your case, but also the weaknesses. Do not shy away from points that are not in your favour. Deal with them head on, distinguish your case if you are able and focus the court’s attention on the important aspects of your case. Civility and courtesy toward opposing counsel, as well as the court, are hallmarks of good advocacy. Do not ever mislead the court or colleagues – your reputation and integrity are your most valuable assets.