Legal Aid Alberta staff lawyers Katie Clackson and Krista McFadyen share why it’s important to see more women in the courtroom, and the role of women, equality, inclusion and empathy on a healthy justice system.
Women have a played a transformative role in the legal profession in Canada, advancing access to justice, strengthening public trust in the legal system and expanding representation in areas historically closed to them.
Today, women make up almost half of practising lawyers in Canada, which reflects hard-fought progress in education and overcoming barriers to entering the profession.
In advance of International Women’s Day on March 8, Legal Aid Alberta staff lawyers Katie Clackson and Krista McFadyen joined Global Edmonton to talk about ongoing challenges women face inside and outside the courtroom, inclusive progess and on the value of mentoring the next generation of women lawyers.
Watch the interview
What changes have you seen in the profession that would make it more fair and equitable for women?
Krista McFadyen: Thank you for having us. We’ve seen some progress.
“The wheels have maybe turned a little slower than we had hoped, but there's definitely progress in that there are more women lawyers and women on the bench as judges.”
We recognize that we have an inherently unjust or inequitable justice system, and so having those key players brings equity into the courtroom in the system as a whole.
Now, how we got there is through retention strategies that have really helped women, recognizing the dual role that we play in society, the work-life balance. Even thinking about courtrooms starting at 9:30 a.m. really helps with getting kids to school — some really practical things like working from home and having some flexibility, maternity leaves that don’t have income and seniority consequences.
So little things like that all led up to bring more women into the profession.
Why is it important to see more women in the legal system — and not just the courtroom, but at all levels of the system?
Katie Clackson: So it’s important to have, when people come into the into the criminal court system or the justice system, or anywhere into a courtroom, you know, this is sort of seen as like an institution that can be quite cold.
What we want is to have women that are feeling more welcome in the court system. They’re understanding that they’re going to get some compassion, they’re going to be treated with dignity, and that applies not just to women in the legal profession, but to female clients as well.
“Both Krista and I work with vulnerable women in our practices, and it's something that's very important to both of us: that those women are treated with compassion and dignity, and that they see themselves represented in the court system.”
The law changes over time, and we want it to reflect the values of society. And the great thing about having diverse voices in the system, criminal justice system, or any part of the court system, is that it helps to develop the law in a way that’s fair and equitable.
Let’s expand upon that, the issue of perspective, because, one segment, one demographic of society only sees things kind of through their point of view. How important is it that we get all points of view in the legal system?
McFadyen: It’s critical. That’s a really good point. Having the representation of the society that we would like to assist really helps.
When you have a perspective of someone who has lived the experiences — having children, caring for Elders, all of our dual roles — it can really help solve the problems for those people, accessing the justice system. It’s critical.
We’ve talked about the progress that’s been made, but can you talk about the role of mentorship for the next generation?
Clackson: So when you’re starting out in this profession, you may have to reach out to people and seek out that mentorship that you’re looking for. And I would suggest to anybody who’s coming to the profession, don’t be afraid to seek out that mentorship and tap someone on the shoulder.
I know I had to do that in the beginning when there weren’t a lot of women that I saw in my chosen practice area, and I really had to seek them out. And it’s not just mentorship in terms of legal and ethical issues that we face on a day-to-day basis. It’s also how to balance the demands of work and the demands of our home life and dealing with the work-life balance that Krista talked about, which we know is not always very balanced.
And so there’s a lot of knowledge to be gained from speaking to people who have been doing this a while. And I would just encourage people to do that. If you’re thinking about joining the legal profession, talk to one of us. Reach out to somebody more senior, and they’ll be happy to talk to you.
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