BarTalk June 1999
Volume 11, Number 3

by The Honourable Madam Justice Boyd

It is personally astonishing to me that this spring marks the mid-point of my 14th year as a judge. I have now sat for more years as a judge than I have practised law. So it is perhaps an apt time to reflect on the realities of a judicial career and what I might say to others who may wonder whether this is a career they might consider pursuing.

First, to anyone who regularly appears in Court, it is obvious that the courts in our province have changed dramatically over the last 15 years. The number of women in the Superior Courts exploded from five in 1985 (County Court and Supreme Court) to a present day figure of 29 (Supreme Court and Court of Appeal). The demographic profile of the Court has also changed. While the average age of judges has not changed dramatically, the age at appointment is considerably younger. The Courts have now become home to a generation of “boomers”, persons who, like me, are raising young families or launching young adults. There are the steadfast noon hour walkers and runners, the Judges’ coffee lounge regulars, the Friday lunch “Institution” crowd, and many other groups which defy categorization. Our email system hums with the latest news, advice and assistance from judges province wide. In short, the Court is a comfortable, friendly community which offers a solid network of support and the opportunity for strong friendships.

Ironically, the nervous tension which most new appointees experience presiding over matters beyond their specialized legal background quickly relaxes into what is, for many, a renewed fascination with the law. One has the opportunity, usually for the first time in many years, to consider cases in every possible area of the law. For many, there is a sense of excitement and renewal, following years of legal specialization or immersion in client development and administrative matters.

This is not to say that a judicial career is a restful sinecure with many empty hours available to explore the law. Particularly in our province, the Courts labour under a never-ending tide of litigation. If an action settles mid-trial, another trial may well be immediately assigned to that Courtroom, or at the very least a Chambers referral will likely fill that otherwise free time slot. Judgment weeks and sometimes evenings and weekends are spent writing decisions, keeping the backlog of reserve judgments to a minimum. Everyone has experienced the late night vigils at the Courthouse awaiting the return of a jury’s verdict. Weekend afternoons are sometimes spent dragging luggage and briefcase through airports, traveling on an out-of-town circuit to a distant court. A night’s sleep may be lost agonizing over a sentence to be handed down or a custody award to be determined. The tremendous responsibility and the trust which have been reposed in one’s hands are never forgotten.

Still, I can say after these 14 years that there is nothing I would rather do. The intellectual challenge, the ever changing constellation of people and stories, and the warmth and support of my colleagues are hard to beat.

Before deciding whether to accept an invitation to join the bench, I spent an afternoon chatting with Beverley McLachlin, then on the Court of Appeal, seeking her advice and counsel. She said something like: “Mary Ellen, if one of your most favorite sensations is the one you feel as you open a new book and turn to the first chapter, then you will probably be happy on the bench.” She could not have been more accurate. Each day brings a new surprise and challenge—the world’s stage. As so many of my colleagues say: “This is the best job in the world.” Indeed.

This article was published in the June 1999 issue of BarTalk and is subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2005, all rights reserved.