Judge

I have been a judge at the Superior Court for almost 12 years now. I preside over civil matters. Before being named a judge, I practised as a lawyer for more than 12 years in spheres as diverse as business law, real estate law and commercial law. I have therefore touched on everything we refer to as “civil law”. The actual practice of law, not studying in a classroom, is the best way to learn how to be a judge. My many years working as a lawyer prepared me very well to be a judge.

I always dreamed of one day becoming a judge. For me, this was an obvious and important goal in my career. The social dimension of being a judge always attracted me: I have the feeling that I am being useful and serving society. What’s more, each case presents a very stimulating legal challenge.

Being a judge is not just a privilege, it is also a heavy responsibility. My position requires me to exercise a high degree of fairness and impartiality. No reasonable and well-informed person should have any doubt about my capacity to render justice impartially, as this constitutes the very foundation of our judicial system. That is the reason that I am prohibited from participating in certain activities, such as those having to do with politics. In addition, I have to avoid placing myself in a situation of conflict of interest or an appearance of conflict of interest. This is why I cannot preside over a case in which I have a personal interest or where I am somehow linked to one of the parties or lawyers. For example, a few years ago, I had to remove myself from a case in which the plaintiff’s lawyer was a former colleague and good friend.

Being a “good” judge requires particular qualities. In my opinion, one of the most important ones is the ability to listen attentively. Some trials can be very long – I can spend weeks, even months, hearing the evidence of the two parties and listening to numerous witnesses. This requires a great deal of concentration and attention. It can be very demanding, both mentally and physically, but it’s necessary. I have to hear all of the evidence if I want to render a fair and well-founded decision.

Two other qualities that I think are really important, and that I have had to develop over the years, are an ability to make efficient use of my time and a good sense of organization. Once a trial comes to an end, it is time for me to make a decision. I prefer rendering my decision in writing so that I can carefully weigh my words and avoid any excesses of language that might wind up in the paper the next day! When a trial has been long and the case is complex, the preparation of my judgment requires a lot of research, reflection and drafting. Even though many people help me in these various tasks, there is still a lot of work for me to do. The time I have to do all this is often limited because I have to preside over another trial soon afterward. To avoid forgetting the facts of the case and the evidence that was presented, it is preferable that I render the decision as quickly as possible – this is also desirable for the parties, who are anxiously awaiting it.

As a judge, my role is not to act as an arbitrator, like many might think, but rather to consider the facts and apply the law in light of the evidence presented during the trial. I have to make sure that the debates between the parties are conducted as harmoniously and fairly as possible in order to facilitate the search for the truth. You could say that I am the master of the courtroom in that I guide the rhythm of its proceedings and ensure that general order is maintained within it.

While I cannot take over the role of the parties’ lawyers, I may sometimes take a more active role in the trial. From time to time, I will ask the witnesses a question if I think it will be useful. It can also happen that I will conclude that the evidence presented by the lawyers is insufficient to allow justice to be done. In such a case, I ask them to fill in certain gaps in their evidence.

One of the most important tasks in my role as judge of first instance is to carefully consider the testimonies made before me. It is a delicate job that requires a lot of sensitivity and discernment. In addition to having to consider the testimony itself, I also have to analyze the witness’s attitude and body language. As well, I have to be careful not to be influenced by my personal values, as that would hamper my judgment. This is why judges are given courses on social realities to help them better understand cultural differences and the society in which we live.

Being a judge is therefore a heavy responsibility that I try to meet as straightforwardly and as honestly as I can. Every citizen who comes before me must be convinced that I consider their case to be important. Necessarily, my decisions will not please everyone; that’s the nature of things. But what is most important for me is to know that the law was applied to the facts at hand and justice was done.