Legal Aid Alberta staff lawyers Katie Clackson and Krista McFadyen on why it’s important to see more women in the courtroom, and the role of women, equality, inclusion and empathy in a healthy justice system.
Women have long 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 discuss ongoing challenges women face inside and outside the courtroom, inclusive progress and on the value of mentoring the next generation of women lawyers.
What changes have you seen in the profession that would make it more fair and equitable for women?
Krista McFadyen: I’ve been practising for less than 10 years as law is my second career, but even in that timeframe 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., as a single mom and for other mothers, that really helps with getting kids to school, recognizing that the responsibility of child-rearing often falls to mothers. There have been some really practical things like working from home and having some flexibility.
Working in a hybrid environment at Legal Aid Alberta really helps with work-life balance, which is critical. So things like that all led up to bring more women into the profession.
Katie Clackson: A significant change I’ve seen is the Law Society of Alberta has changed rules to make it easier for women on maternity leave to remain active with the society.
It used to be that going on maternity leave meant being listed as inactive with the law society and having to pay fees to return to active status. Those rules have changed over the last few years to make it easier for women to remain active.
Why is it important to have more women at all levels of the justice system?
Clackson: The reality is, when we have more women in the profession, we see more women on the bench as judges as well. And when we have more women on the bench, we have more equality in the courtroom.
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 more fair and equitable.
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.
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Let’s expand on that and the impact of having more women in the justice system and how that affects empathy, especially for vulnerable women.
Katie Clackson: When people come into the criminal court system or the justice system, or anywhere into a courtroom, this is often seen as an institution that can be quite cold.
What we want is to have women feel more welcome in the court system — that they understand that they’ll receive compassion, be treated with dignity, and that applies not just to women in the legal profession but also to female clients.
“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.”
As women, we are very good at putting other people first. We are used to advocating because we advocate for our families. We advocate for our kids. It allows us to do a better job for our clients. At the end of the day, it makes you appreciate your own family, your own kids and what you have.
McFadyen: It’s important to remember that our clients are almost always in crisis, and they’re having to find a balance between their home lives and responsibilities, as mothers, as caregivers, and address the ongoing crisis in their lives.
When negotiating a parenting regime, for example, we really do have to get down into all the details, like where are you going to do this parenting and how are you going to get this child from one parent to the other? Having that experience and responsibility makes it much more personable and realistic for our clients. We’re able to look at the real circumstances and get into the actual needs of the families.
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 people face when accessing the justice system. It’s critical.
Why is mentorship important, and why is it valuable to have other women in law to look up to, feel inspired by, and learn from?
McFadyen: When I think about it, the people that I have crossed paths with and really connected with, when I think about those key individuals, they have been women. And I don’t think that’s an accident.
Clackson: When I started as a criminal defense lawyer, there were very few female criminal defense lawyers in Edmonton. I could maybe name six or seven at the time who were well known and had been in practice for a long time. That’s not a very big number.
I really had to seek out mentorship from women at the time, so what I’ve tried to do is be a mentor to other students and women in the profession. 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, 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.
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. There’s a lot of knowledge to be gained from speaking to women who have been doing this a while. 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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