Obiter Dicta Issue 11 - February 23, 2015 | Page 10

NEWS 10  Obiter Dicta Women Judges in the Spotlight Canadian Chapter of the International Association of Women Judges Networking Event with Osgoode chelsea caldwell › contributor I f you are a current student of the Law, Gender, and Equality perspective option, or have perhaps had a conversation with myself in the past week, then you may have participated in a passionate discussion about the sexism that plagues our Canadian judiciary. Or perhaps you are a female student who was lucky enough to have recently attended an event hosted on February 10, 2015 on campus, between female Justices from the Canadian Chapter of the International Association of Women Judges and female students from Osgoode. The Justices in attendance included Justice Lydia Olah from the Superior  Court of Justice, Justice Maria Speyer and Justice Sally Marin of the Ontario Court of  Justice, and Justice Katherine Van Rensburg of the Court of Appeal of Ontario.  Student attendees of the event were enlightened by stories of the Justices’ law  school days and their climb up the legal ladder. Also part of the discussion was the chilly  climate in which female members of the judiciary have been welcomed,  which has clearly made it difficult for female judges to work on an equal basis with male  judges. For simply being educated and assertive women on the bench, judges such as  Bertha Wilson, Rosie Abella and Claire L’Heureux-Dube have been victimized by their  male counterparts as well as by members of the legal community, the media, and the general  Canadian public. Critics claim that female judges’ personal opinions are given in lieu of  legal doctrine and principle within their judgments.  While I believe personal history and experience shape a judge’s opinion, I believe it  is unfair for attacks to be made on female judges pertaining to their decisions on sexual  assault cases and other legal issues that have historically involved mainly female  plaintiffs. Using a thought process similar to the kind involved in criticizing female judges, would it not  be fair to also criticize the male judges for their personal connections to cases? For example, might we not take into account Justice Sopinka’s connection to the Ukrainian community or perhaps  former Chief Justice Dickson’s long-time service in the military?   Further to this point, I was unaware of the extent to which public defamation of  such highly decorated and powerful female judges has occurred. The female Justices  who were present at the recent Osgoode n e t w o r k ing event, discussed the often ignored  gendered dynamics that have enveloped the Supreme Court of Canada Justices.  Specifically, one Justice discussed the uproar caused by judicial commentary in R v  Ewanchuk and the public backlash that Justice Claire L’Heureux-Dube faced regarding  her decision in the case. Once an admirer of the late Eddie Greenspan, I am a little less  starry-eyed due to the public nature in which he chastised L’HeureuxDube’s critique of  Justice John McClung’s ruling in Ewanchuk.   While we may discuss the gendered dynamics of the judiciary in private  conversations with classmates or in classes with an already established gendered  approach, I believe such material should be covered in 1L’s Ethical Lawyering course.  Discussions of gendered biases on the judiciary would better shape our understandings of  the decisions that we read and come to memorize over our years of education and work  within the law. In the legal context, is it really fair to say that we can paint every female  judge with the same brush of cari