BarTalk June 2000
Volume 12, Number 3

A layperson’s perspective

by Dr Marilyn Callahan

I am surprised at how much I enjoy my membership on Judicial Council, particularly the selection of Provincial Court Judges. When I was first asked to join Council, I had little knowledge of the provincial judiciary, aside from observations during my early years as a social worker. At my first Council meeting, I was overwhelmed. Who were these applicants and were they any good? In whose opinion? What could I ask candidates that would reveal their suitability for this job? The learning curve was high.

One of the first things that struck me was the vast difference amongst applicants, almost as if they weren’t applying for the same position. Some came in with clear reasons for wanting the job, experience in some aspects of the work and preparation for the interview. Others seemed vaguely embarrassed about the whole thing, as if they should be hoisted quietly to the bench by anonymous forces. A few seemed bewildered by our questions, seemingly unaware of the day-to-day challenges of the provincial court.

Most intriguing of all were the spirited Council debates. It was here that my learning and enjoyment began in earnest. The judges on Council often disagreed with one another, as did the lay members and the lawyers. But we listened to each other, exchanged ideas, moved opinions and educated ourselves about what we were looking for.

There are other highlights, such as when I presented Council’s submission to the Judicial Compensation Committee in 1998. I duly gave my brief but then found myself speaking extemporaneously and passionately about the qualities of provincial court judges who must treat individuals and their circumstances as unique, attempt to understand those before them, even though their own life may be vastly different and infinitely more privileged, work as team players yet remain independent, care deeply about injustice yet remain impartial in the administration of justice, be wise yet open to new learning, move through a formidable agenda each day, sometimes take a cut in pay to do the job and face northern driving and time away from home on the circuit. Throughout all, they must remain humble. I realized that I had come along way from my first meeting.

That we find such people is another great pleasure. In the past four years, we have reviewed 239 applications for provincial court judge and many more for the position of justice of the peace. Of these 239 applicants, most (72 per cent) came from private practice, with 12 per cent from Crown Counsel and 16 per cent from other public employment. About 35 per cent of applicants are now women. A small but growing number of applicants are from a variety of ethnic groups. Council approved a total of 52 applicants and of these, 34 were appointed as provincial court judges. That the face, but not the quality, of the judiciary is changing is deeply satisfying.

Most of us spend our working lives becoming increasingly familiar with the small worlds of our specialities. As one of three lay members on Council, I have been challenged to learn about another entirely different world. In early meetings I actually struggled to figure out what CBA meant and to recognize the names bandied about by the judges and lawyers on Council. Now I don’t really bother, although I’ve learned a lot by osmosis. Instead, lay members are free to ask, without apology, the plain questions that often penetrate conventional wisdom. When we query our legal colleagues about their arguments and about whose opinion they value, we all learn a great deal more. While lay members scarcely reflect most of the people that appear before provincial court, they can bring concerns of litigants and others to the Council table.

Most daunting of all is retaining the freshness of the outsider while gaining practical knowledge and experience from the insiders. As I say, one of my favourite assignments.

Dr. Callahan has been a member of the Judicial Council of British Columbia since 1992. She was a Professor of Social Work at the University of Victoria from 1977 until her retirement in 1999. She is one of three lay members of the Judicial Council.

This article was published in the June 2000 issue of BarTalk and is subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2005, all rights reserved.