This is Part III – the final installment, at least for now, in my series about the status of Women in the Criminal Defence bar.

The Obligatory Disclaimer

Nothing in these blog posts expresses the views of any organization within which I hold or have ever held a governance role, membership or with which I’ve been associated. My views may not reflect or align with members of my firm or my staff. I speak only for myself.

The Previously Identified Problems of Implicit Gender-Bias and the Current Crisis of the Mass Exodus

In the previous two blog entries, I set out what I have observed are express and implicit biases against women in the criminal defence bar.

The issues identified included diminishing and patronizing communications, social media and other abuses, workplace harassment, paying lip service to amplifying the voices of women and elevating them within the profession, only to then ignore and silence those women and their voices, making all the perceived gains nugatory. I highlighted the hypocrisy of performative allyship.

I also red flagged the current crisis in relation to retention of women in the criminal defence bar: namely, those who have not yet left are leaving, about to leave or sure to leave too soon, if we don’t take an honest look at ourselves and take immediate and serious steps to stop the haemorrhage.

The Stuctural / Institutional Limitiations of Women’s Committees within Larger Organizations

I’ve since done some research in an effort to understand why women are not being supported or celebrated as we should be. Not just by women, but by the whole of the bar, the profession, who should join in acknowledging successes and provide help where we need it? Quite apart from ingrained gender-bias, where is the necessary organizational support? Why is the entire profession not as aware of the glaring issues, not as invested in finding immediate solutions, as we need it to be? I think I understand now what the problem is and what it is that allows the problems to be perpetuated, despite all our endless, tireless, best efforts to speak up and out.

Despite more women than men graduating from our law schools, and despite that more women than men likely enter the criminal defence bar at the outset, women don’t last in criminal defence. As previously identified, they take jobs as Crowns until they can apply to be Judges. This happens very quickly and tends to coincide with the the time most women who are so inclined may start having children, about 5 to 10 years into their legal careers.

As a result, any lawyer association or organization, including bar associations or law societies, will see criminal defence lawyers as a percentage of their membership, but within that group, women defence lawyers are an even smaller fraction of those working in criminal defence. Equally, lawyer associations or organizations, which exist to support criminal defence lawyers, will identify their women members as a sub-group of that organization. This is not meant as a criticism; it is, rather, a reality.

What then happens is Women’s Committees or Women’s Caucuses are established, and they serve a laudable purpose of supporting women within the organization.

Every organization functions differently. At first, the focus of Women’s sections was about networking among women colleagues, in their own space, social gatherings and parties, lunches and dinners. That often evolves into mentoring relationships within the women’s groups and expands over time to research and advocacy on behalf of women members. This may include addressing issues of importance to women, including addressing gender-based discrimination within the legal profession. Informative education sessions geared toward particular expertise by women, or of relevance to women may form part of the mandate of such groups.

There are a myriad of differing ways in which these kinds of committees tend to function and there’s no right or wrong. All efforts to engage women and maintain their membership as criminal defence lawyers are enormously valuable. And absolutely necessary.

These committees and sections do commendable, important, life-sustaining work for their members. But they are always a sub-group, within the larger organization. It is that organization, which decides what positions it will take on important issues, what direction it will take in litigation, what formal / official direction or position is taken by the organization in all respects. This is fair, because the broader, umbrella organization represents all its members and will identify and advance its own goals for the good of the entire membership.

The “parent” organization is not exclusively, or in most cases even mostly or equally, governed by women. It is governed by men. Expressly or implicitly, as long as men outvote women on the leadership of organizational structures, the women can’t function autonomously and the risk that their views will be silenced is real. Even where it’s only influence exerted on the position women want to take, as opposed to those positions being vetoed, the will of the women is thwarted, whether to a degree or completely. This is true even where leadership within the women’s group is selected entirely by its women members. While that’s an important and necessary safeguard – making sure that only women can vote for women in leadership positions within an organization – it goes only so far in assuring autonomy for the group.

In short, there is no organization that represents the interest of women criminal defence lawyers, which is exclusively comprised of women members. Women, those who identify as female, and non-binary colleagues. There is no criminal defence association in Canada that does not include men in its leadership. There is no association run entirely by women, entirely for women.

The SOLUTION

The solution is surprisingly simple.

It is a national advocacy organization for women in criminal defence.

An association that is totally controlled by women, from the ground up, and the top down, throughout the whole of the organization. Women, those who identify as female and non-binary lawyers who work in criminal defence chart their own course. Working collaboratively with the women’s committees, caucuses, sections, ad hoc working groups, whatever else they may be called, within other defence and bar associations, law societies, across the country. Building bridges to bring together women across Canada, who are facing the same challenges, perceived from their particular and no doubt different perspectives.

A national advocacy organization of Women Criminal Defence Lawyers in Canada will be a powerful voice. An autonomous independent voice. The voice of its members.

There is strength in numbers. There is strength among women in criminal defence.

The combination of all these strengths is the ticket.

I am finally able to see the light at the end of the tunnel.

Here is a to a brighter tomorrow for us all.

Stay tuned. Not for more blogs, though.

Thinking is overrated. It’s time to act.