In addition to lawyers recording billable time, we also engage in “nonbillable” time, which can include volunteering on various Boards for community organizations.
A few years ago, the Legal Archives Society of Alberta (also known as LASA) decided to diversify its Board, and I had the privilege to be asked to join to increase the female contingent. Also, since my main office is not in Calgary or Edmonton – I am sometimes considered to represent rural Alberta (also noted as being outside Edmonton and Calgary). We all carry many identities in our roles as humans.
One of LASA’s last live events before the Pandemic was declared was held at the ceremonial courtroom at the Calgary Courts Centre. It was a posthumous call to the Bar of 37 Alberta law students who LASA noted had: “answered the ultimate call for our country as they perished in World War I before they could return home to become lawyers”. It was an emotional event to remember and acknowledge these important young contributors to our history and freedom.
As we gathered outside the courtroom afterwards, I noticed a dozen fabulous judicial bronze busts on display representing outstanding and talented Court of Appeal Chief Justices and Supreme Court of Canada appointees. But one observation was striking to me; there were no busts with busts. By this I mean they were all men.
Were such females missing from Alberta history? There was a judicial representative who grew up in small town Pincher Creek, Alberta that could be added – she was not only a Supreme Court of Canada nominee but the first female Chief Justice of a nation’s supreme court in the Commonwealth. She was also our longest serving Chief Justice. I am referring to the Right Honourable Beverley McLachlin. Our immediate neighbour to the south still has not had a female Chief Justice on their supreme court.
Back before my call to the Alberta Bar, I served a Clerkship at the Alberta Court of Appeal assigned to another brilliant female jurist. She was raised in Lacombe, Alberta, and in 1978 she became Calgary’s first female judge when she was appointed to the District Court of Alberta. Later, she became the first female Justice on the Courts of Appeal in both Alberta and the Northwest Territories. This is the Honourable Mary Hetherington. She was an outstanding criminal and family lawyer when in private practice.
Alberta is a leader in many areas. I assert that this includes advancing women’s rights. A group known as the Famous Five from Alberta advanced the case that had women declared “persons” less than a century ago. We had the first majority female jurists on our Court of Appeal in Canada. Upon her appointment as Chief Justice in March 1992, Catherine Fraser was the first woman appointed Chief Justice at the provincial level in Canada. She just retired this year.
One of the male justices I worked with, the Honourable Asa Milton “Milt” Harradence, had a colleague write a book about him preserving this important historical figure. Like Justice Hetherington, Justice Harradence was an outstanding criminal lawyer prior to his appointment. I am not sure I would find time to write a book about Justice Hetherington (and Justice McLachlin has been writing her own bestsellers) so instead I am working with talented volunteers on fundraising to expand the Judicial Busts Project. Contact me if you wish to contribute to this project.
As George Santayan, Spanish and American writer and philosopher noted: “Those who fail to learn from history are doomed to repeat it.” There are also many positive things to learn from history that should be repeated, and expanded upon, and that includes the role of leading women. In fact, wouldn’t it be nice if the new state-of-the-art Red Deer Justice Centre will have a bust of a female jurist as the first to adorn its halls?
Donna Purcell, Q.C., (aka Lady Justice) is a Central Alberta lawyer and Chief Innovation Officer with Donna Purcell QC Law. If you have legal questions, contact dpurcell@dpqclaw.com.