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Women in law in Canada

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Canadian lawyer Kim Campbell was the 19th Prime Minister of Canada from June 25, 1993 to November 4, 1993. She was Canada's first, and to date only, female prime minister.[1]

Women work in the legal profession and related occupations throughout Canada, as lawyers (also called barristers, attorneys or legal counselors), prosecutors, judges, legal scholars, law professors and law school deans. In Canada, while 37.1% of lawyers are women, "50% ...said they felt their [law] firms were doing "poorly" or "very poorly" in their provision of flexible work arrangements".[2] It was also reported that, in 2006 in Ontario, "racialized women accounted for 16% of all lawyers under 30" and that only 1% of lawyers were Aboriginal.[2]

Representation and working conditions

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In 2010 in Canada, "there were 22,261 practicing women lawyers and 37,617 practicing men lawyers."[2] Canadian studies show that "50% of lawyers said they felt their firms were doing "poorly" or "very poorly" in their provision of flexible work arrangements."[2] More women lawyers found it "difficult to manage the demands of work and personal/family life" than men, with 75% of women reporting these challenges versus 66% of men associates.[2] A 2010 report about Ontario lawyers from 1971 to 2006 indicates that "racialized women accounted for 16% of all lawyers under 30, compared to 5% of lawyers 30 and older in 2006. Visible minority lawyers accounted for 11.5% of all lawyers in 2006. Aboriginal lawyers accounted for 1.0% of all lawyers in 2006.[2]

Notable individuals

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Canadian Clara Brett Martin became the first woman lawyer in the British Empire in 1897 after a lengthy dispute with the Law Society of Upper Canada, which argued–unsuccessfully–that only men could become lawyers

At the end of the nineteenth century, Canadian women were barred from participation in, let alone any influence on or control over, the legal system–women could not become lawyers, magistrates, judges, jurors, voters or legislators.

Clara Brett Martin (1874–1923) became the first female lawyer in the British Empire in 1897 after a lengthy debate in which the Law Society of Upper Canada tried to prevent her from joining the legal profession.[3][4] After graduating with a Bachelor of Arts in 1891, Martin submitted a petition to the Law Society to become a member. Her petition was rejected by the Society after contentious debate, with the Society ruling that only men could be admitted to the practice of law, because the Society's statute stated that only a "person" could become a lawyer. At that time, women were not considered to be "persons" in Canada, from a legal perspective. W.D. Balfour sponsored a bill that provided that the word "person" in the Law Society's statute should be interpreted to include females as well as males. Martin's cause was also supported by prominent women of the day including Emily Stowe and Lady Aberdeen. With the support of the Premier, Oliver Mowat, legislation was passed on April 13, 1892, which permitted the admission of women as solicitors.

In 1905, Mabel French was the first woman to graduate from King's College Law School with a Bachelor of Civil Law, but was barred from entrance to the New Brunswick bar. In 1907, due to pressure from women, including a campaign by the Canadian University Women's Club,[5][6] the Legislative Assembly of New Brunswick passed "An Act to Remove the Disability of Women so far as Relates to the Study and Practice of the Law".[7] French was then called to the Bar. She also became the first woman to practice law in two separate Canadian provinces: New Brunswick and British Columbia.[8]

Alice Jamieson and Emily Murphy were the first female judges respectively in Canada (Alberta; 1914–1916).[9][10][11][12][13] Helen Kinnear QC (1894–1970) was a Canadian lawyer who was the first federally appointed woman judge in Canada (1943).[14][15] She was the first woman in the British Commonwealth to be created a King's Counsel (1934) and the first in the Commonwealth appointed to a county-court bench and the first female lawyer in Canada to appear as counsel before the Supreme Court in Canada in 1935.

Marie-Claire Kirkland-Casgrain CM CQ (born 1924) is a Quebec lawyer, judge and politician who was the first woman elected to the Legislative Assembly of Quebec, the first woman appointed a Cabinet minister in Quebec, the first woman appointed acting premier, and the first woman judge to serve in the Quebec Provincial Court.

Marlys Edwardh CM (born 1950) is a Canadian litigation and civil rights lawyer who was one of the first women to practice criminal law in Canada.[16]

In 1946, Gretta Wong Grant became the first female lawyer of Chinese descent in Canada.[17] In 1954, Violet King Henry became the first Black female lawyer in Canada.[18] In 1977, Marion Ironquil Meadmore became the first indigenous female lawyer in Canada.[19] Roberta Jamieson C.M. is a Canadian lawyer and First Nations activist who was the first Aboriginal woman ever to earn a law degree in Canada, the first non-Parliamentarian to be appointed an ex officio member of a House of Commons committee and the first woman appointed as Ontario Ombudsman. Delia Opekokew is a Cree woman from the Canoe Lake First Nation in Saskatchewan, who was the first First Nations lawyer admitted to the law societies in Ontario and in Saskatchewan[20] as well as the first woman ever to run for the leadership of the Assembly of First Nations. Opekokew graduated from Osgoode Hall in 1977, and was admitted to the Bar of Ontario in 1979 and to the Bar of Saskatchewan in 1983.[20] Vivene Salmon became the first Black (female) President of the Canadian Bar Association in 2019.[21][22]

In 1969, Réjane Laberge-Colas became the first female appointed as a Judge of the Superior Court in Canada. Gabrielle Vallée became the first female appointed as the Associate Chief Justice of a Superior Court of Canada.[23] Constance Glube was the first female appointed as a Chief Justice in Canada in 1982.[24][25] She was also the first female appointed as a Justice of the Nova Scotia Supreme Court. In 1987, Corrine Sparks became the first Black female judge in Canada when appointed to the Nova Scotia Family Court.[26] Rose Boyko was the first aboriginal woman appointed as a superior court judge in Canada in 1994.[27] In 2017, Palbinder Shergill became the first (female) turbaned judge in Canada (upon her appointment to the Supreme Court of British Columbia).[28]

Bertha Wilson became the first female appointed as a Justice of the Supreme Court in Canada in 1982.[29][30][31] She was also the first female to sit on the Ontario Court of Appeal in 1975. Beverley McLachlin PC (born 1943) is the 17th Chief Justice of the Supreme Court of Canada (2000–2017), the first woman to hold this position, and the longest serving Chief Justice in Canadian history.[32][33][34] She was also the first female appointed as a Judge of the British Columbia Court of Appeal (1985) and Chief Justice of the British Columbia Supreme Court (1988). In her role as Chief Justice, she also served as a Deputy of the Governor General of Canada. When Governor General Adrienne Clarkson was hospitalized for a cardiac pacemaker operation on 8 July 2005, Chief Justice McLachlin served as the Deputy of the Governor General of Canada and performed the duties of the Governor General as the Administrator of Canada.[35] In her role as Administrator, she gave royal assent to the Civil Marriage Act, effectively legalizing same-sex marriage in Canada.[35] Rosalie Abella became the first Jewish female appointed to the Supreme Court of Canada in 2004.[36] She became Canada's first Jewish female judge in 1976, as well as the first woman to serve on the bench while pregnant in the country's history.[37]

Some Canadian lawyers have become notable for their achievements in politics, including Kim Campbell, Mélanie Joly, Anne McLellan, Rachel Notley and Jody Wilson-Raybould.

Notable Canadian legal professionals include:

Jody Wilson-Raybould was Minister of Justice and Attorney General of Canada.

References

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  1. ^ Skard, Torild (2014) "Kim Campbell" in Women of Power - Half a century of female presidents and prime ministers worldwide, Bristol: Policy Press, ISBN 978-1-44731-578-0
  2. ^ a b c d e f Catalyst. Catalyst Quick Take: Women in Law in Canada and the U.S. New York: Catalyst, 2015. http://www.catalyst.org/knowledge/women-law-canada-and-us
  3. ^ Frank, Louis (1898). La femme-avocat: exposé historique et critique de la question (in French). V. Giard et E. Brière.
  4. ^ Backhouse, Constance (2021-08-25). Deux grandes dames: Bertha Wilson et Claire L'Heureux-Dubé à la Cour suprême du Canada (in French). University of Ottawa Press. ISBN 978-2-7603-3568-4.
  5. ^ Converse, Cathy (1998). Mainstays: Women who Shaped BC. TouchWood Editions. pp. 21–22. ISBN 978-0-920663-62-2.
  6. ^ Stewart, Lee (2011-11-01). It's Up to You: Women at UBC in the Early Years. UBC Press. p. 23. ISBN 978-0-7748-4301-0.
  7. ^ Kinnear, Mary (1995). In Subordination: Professional Women, 1870-1970. McGill-Queen's Press - MQUP. ISBN 978-0-7735-1278-8.
  8. ^ Merritt, Susan E. (1999). "Mabel Penery French (1881-1955), First Woman Lawyer in New Brunswick and British Columbia". Her Story III: Women from Canada's Past. Vanwell Publishing Limited. pp. 115–128. ISBN 978-1-55125-037-3.
  9. ^ Youngberg, Gail; Holmlund, Mona (2003). Inspiring Women: A Celebration of Herstory. Coteau Books. ISBN 9781550502046.
  10. ^ Griffiths, Naomi E. S. (1993-10-15). The Splendid Vision: Centennial History of the National Council of Women of Canada, 1893-1993. McGill-Queen's Press. ISBN 9780773591615.
  11. ^ Takach, Geo (December 2010). Will the Real Alberta Please Stand Up?. University of Alberta. ISBN 9780888645432.
  12. ^ Dodek, Adam; Woolley, Alice (2016-01-01). In Search of the Ethical Lawyer: Stories from the Canadian Legal Profession. UBC Press. ISBN 9780774831017.
  13. ^ Backhouse, Constance (2017-11-06). Claire L'Heureux-Dubé: A Life. UBC Press. ISBN 9780774836357.
  14. ^ Hagan, John; Kay, Fiona (1995). Gender in Practice: A Study of Lawyers' Lives. Oxford University Press. p. 9. ISBN 9780195092820.
  15. ^ Canadian Women: A History. Harcourt Brace Canada. 1996-01-01. ISBN 9780774732932.
  16. ^ "Speech by Marlys Edwardh" (PDF). The Law Society of Upper Canada. 2002-02-12. Retrieved 2008-10-01.
  17. ^ Campbell, Grant (2001-01-01). "William Collins During World War II: Nationalism Meets a Wartime Economy in Canadian Publishing". Papers of the Bibliographical Society of Canada. 39 (1). doi:10.33137/pbsc.v39i1.18199. ISSN 2562-8941.
  18. ^ Takach, Geo (2010-12-01). Will the Real Alberta Please Stand Up?. University of Alberta. ISBN 9780888647726.
  19. ^ "Famous Canadian Women's Famous Firsts – Lawyers". famouscanadianwomen.com. Archived from the original on 2017-09-28. Retrieved 2017-09-28.
  20. ^ a b Delia Opekokew at the Encyclopedia of Saskatchewan.
  21. ^ "Vivene Salmon is the Canadian Bar Association first Black President". Ron Fanfair. Retrieved 2021-08-04.
  22. ^ "Brad Regehr is the new CBA President". www.cba.org. Retrieved 2021-08-04.
  23. ^ "Gabrielle Vallée | Barreau de Québec". barreaudequebec.ca (in French). Archived from the original on 2018-08-13. Retrieved 2018-05-15.
  24. ^ "Constance R. Glube, O.C., O.N.S., LL.B., LL.D." Governor General of Canada: It's an honour. Ottawa: Queen's Printer for Canada. 2012. Archived from the original on 2016-03-04. Retrieved 2012-05-10.
  25. ^ "Nova Scotia's first female Supreme Court judge dies". The Hamilton Spectator. February 16, 2016. Retrieved 2018-05-18.
  26. ^ House of Commons Debates. April 1999.
  27. ^ "Report of the Internal Justice Council". Assemblee generale. October 16, 2008. Archived from the original on May 25, 2019. Retrieved May 25, 2019.
  28. ^ "Law alumna Palbinder Shergill appointed as first turbaned judge in Canada - College of Law". law. Retrieved 2024-07-12.
  29. ^ Oliver, Peter; Macklem, Patrick; Rosiers, Nathalie Des (2017-08-10). The Oxford Handbook of the Canadian Constitution. Oxford University Press. ISBN 9780190664824.
  30. ^ Dyck, Rand (2011-03-08). Canadian Politics: Concise. Cengage Learning. ISBN 978-0176503437.
  31. ^ Brooks, Kim (2010-07-01). Justice Bertha Wilson: One Woman's Difference. UBC Press. ISBN 9780774859141.
  32. ^ Salokar, Rebecca Mae; Volcansek, Mary L. (1996). Women in Law: A Bio-bibliographical Sourcebook. Greenwood Publishing Group. ISBN 9780313294105.
  33. ^ Smith, Bonnie G. (2008). The Oxford Encyclopedia of Women in World History. Oxford University Press. ISBN 9780195148909.
  34. ^ Schultz, Ulrike; Shaw, Gisela (2013-09-13). Women in the Judiciary. Routledge. ISBN 9781135707408.
  35. ^ a b c "Canada's Chief Justice lays down the law | The Journal". www.queensjournal.ca. Retrieved 2015-10-13.
  36. ^ "Supreme Court of Canada - Biography - Rosalie Silberman Abella". www.scc-csc.ca. 2001-01-01. Retrieved 2024-07-12.
  37. ^ Favilli, Elena (2020-10-13). Good Night Stories for Rebel Girls: 100 Immigrant Women Who Changed the World. Simon and Schuster. ISBN 978-1-7333292-9-3.
  38. ^ "'I think it matters': Kim Campbell on being first and only female PM in Canada | CTV News". www.ctvnews.ca. 2 July 2016. Retrieved 2019-04-17.
  39. ^ National Library News. National Library of Canada. 1997.
  40. ^ "Jennifer Stoddart: making your privacy her business". The Globe and Mail. December 10, 2010. Retrieved 16 November 2013.
  41. ^ "The Governor General of Canada". 11 June 2018.
  42. ^ "Alumna named to Order of Canada".
  43. ^ Ediriweera, Himani (1 October 2011). "Profile: Beth Symes". Women of Influence, Inc. Retrieved 24 July 2017.
  44. ^ "Symes v. Canada".
  45. ^ Michelle McQuigge (May 9, 2019). "Who is Marie Henein? A look at Mark Norman's high-profile defence lawyer". National Post.
  46. ^ "The Top 25 Most Influential". Canadian Lawyer, August 1, 2011.
  47. ^ "The Honourable Anne McLellan to become Dalhousie's seventh chancellor". Dalhousie News.
  48. ^ "Saltwire | Halifax".
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