Judge

I have been a judge at the Superior Court for almost 20 years now. I have always been assigned to criminal cases. Criminal law was my specialty when I practised as a lawyer. I was a Crown prosecutor for more than 10 years before being appointed as a judge. This allowed me to plead all kinds of cases, from shoplifting to murder. These years of legal practice prepared me well for serving as a judge of the Superior Court in criminal matters.

Right now, I am what they call an assizes judge, meaning that I preside over cases that are heard by a jury. Of course, this makes me different from the majority of my colleagues in that I am not the one who renders the verdict–it is up to the jury to do that. My role is more to be the “head organizer” of the trial. I am no more and no less than the person who makes sure that the rules of procedure are respected, and that the trial runs smoothly.

I also have a responsibility to the members of the jury. The 12 jurors have no legal training and the trial often represents their first contact with our justice system. It is therefore my duty to demystify this system. Throughout the trial I explain concepts of criminal law to them that might seem very dry at first glance. To do this, I use simple, accessible language and, if necessary, concrete examples so that they can better understand the concepts at issue. Because of the importance of the charges that the accused faces in this type of case, expert witnesses are often called to testify. Whether it is a forensic scientist, a ballistics expert or a psychiatrist, all of them use a specialized vocabulary that most people have difficulty understanding. This is why I translate the most complicated parts of the expert testimony into more “understandable” language.

At the end of the trial, when the arguments have all been made, I give my instructions to the members of the jury before they leave the room to deliberate. This is what is called the judge’s address to the jury and it must be done very delicately. I have to help my juror “colleagues” render their verdict without influencing them at all. In carrying out this step, I go over the evidence that was presented during the trial and I summarize the theories put forth by the Crown and defence. I also have to explain any concepts of law that apply to the case.

At this point in the trial, while I often have my own opinion about the guilt of the accused, I must never let the jury know what it might be. In some cases, this is not easy. Being a mother and grandmother myself, cases involving crimes against children are particularly disturbing for me, and I feel more emotionally involved. I have to be even more careful in preparing my instructions in these cases so as not to make my opinions known.

Even if I think that our justice system is one of the best in the world, there is always room for improvement. Jury trials are complicated, and the rules of evidence and procedure are complex. Simplifying these rules would allow the trial before jury to be heard more efficiently. Knowing that the people called to jury duty must make great sacrifices in terms of finances, work, and family, the length of the trial is very important. Accelerating the process and reducing the time commitment demanded of jurors is just one way to show our great respect for these men and women who represent society in the service of justice.

Many people imagine that the decisions that a judge makes reflect her personal opinion on the subject at hand. The media can sometimes feed this impression. To be honest, there have been cases in which I would have really liked to have had the chance to explain my decision publicly. In these cases, I had to apply the previous caselaw and the law in force, even if my personal convictions did not accord with the ultimate outcome of this analysis. I remember a euthanasia case where an elderly man put an end to his wife’s life when she was in the terminal stages of cancer and suffering tremendously. Despite the great sadness of the circumstances, and even though I would have preferred to have made a different decision, I had to convict this man of murder.

After all these years spent on the “bench”, I am still passionate about my work. I am still interested by each trial over which I preside. What’s more, to be assigned to the court of assizes allows me to be at the front line of events that greatly influence our society. Jurors are like a barometer for society; their decisions often result in important legislative changes.