CA Gov Hon. Darlene L. Summers's Questionnaire Revealed

Under the new judicial application process introduced by the Minister of Justice on October 20, 2016, any interested and qualified Canadian lawyer or judge may apply for federal judicial appointment by completing a questionnaire. The questionnaires are then used by the Judicial Advisory Committees across Canada to review candidates and submit a list of "highly recommended" and "recommended" candidates for consideration by the Minister of Justice. Candidates are advised that parts of their questionnaire may be made available to the public, with their consent, should they be appointed to the bench. The information is published as it was submitted by the candidates at the time they applied, subject to editing where necessary for privacy reasons.

Below are Parts 5, 6, 7, and 11 of the questionnaire completed by the Honourable Darlene L. Summers.

Part 5 - Language

Please note that in addition to the answers to the questions set out below, you may be assessed as to your level of language proficiency.

Without further training, are you able to read and understand court materials in:

• English: Yes
• French: No

Without further training, are you able to discuss legal matters with your colleagues in:

• English: Yes
• French: No

Without further training, are you able to converse with counsel in court in:

• English: Yes
• French: No

Without further training, are you able to understand oral submission in court in:

• English: Yes
• French: No

Part 6 - Education

Name of Institutions, Years Attended, Degree/Diploma and Year Obtained:

Queen's University Law School (1985 to 1988)

Bachelor of Laws, 1988

Queen's University (1982 to 1985)

Bachelor of Arts, 1985

Continuing Education:

Collaborative Family Law Training including the Negotiation Skills component. I completed the collaborative segment in April 2005 and due to illness and program availability, I was not able to complete the negotiation portion until January, 2007.1 chose not to join the collaborative network or pursue that method of practice.

Four-day intensive ADR program entitled "How to Deal with Difficult People". The program was offered through the University of Windsor Faculty of Law and delivered by the Stitt Feld Handy Group. The Certificate of Achievement was awarded November 1st, 2013.

Numerous substantive programs in excess of annual mandatory cpd hours as well as courses on oral advocacy, written advocacy, trial preparation and trial advocacy.

Honours and Awards:

Queen's Law School,

Awarded the prize in third year for the highest mark in the Will & Estates, 1988.

Part 7 - Professional and employment history

Please include a chronology of work experience, starting with the most recent and showing employers' names and dates of employment. For legal work, indicate areas of work or specialization with years and, if applicable, indicate if they have changed.

Legal Work Experience:

1. Thompson Summers, Family Law - I am self-employed as a sole practitioner. I have worked in association with my colleague, Barbara Thompson, since July 1st, 2007.
2. Steinberg Thompson d'Artois Rockman Summers - Between July 1st, 2002, and June 30th, 2007, I practiced family law as a sole practitioner in association with four family law lawyers: Gary Steinberg, Barbara Thompson, Kathryn d'Artois and Lynn Rockman.
3. Burke-Robertson LLP - I began my legal career at Burke-Robertson Chadwick & Ritchie in 1988 as an articling student. I was hired as an associate lawyer in 1990, became a partner in 1995 and a managing partner in 1999.

Non-Legal Work Experience:

After graduating from secondary school in 1977, I worked in the insurance industry in both Ottawa and Edmonton. My work was in underwriting and sales for motor vehicle and property insurance. In 1982, I enrolled at Queens as a mature student.

1. 1977 to 1979 - The Hartford Insurance Company, Ottawa, ON
2. Sept to Dec 1979 - The Royal Insurance Company, Edmonton, Alta
3. 1980 to 1982 - The Personal Insurance Co., Edmonton, Alta, and Ottawa, ON

Other Professional Experience:

List all bar associations, legal or judicial-related committees of which you are or have been a member, and give the titles and dates of any offices which you have held in such groups.

Carleton County Law Association (current member)

Advocates Society (current member)

Canadian Bar Association (past member)

Pro Bono Activities:

My pro bono activities within the profession are private, ad hoc and flow from the needs of individuals that I encounter in my practice where I have the ability to help provide legal assistance without charge.

Teaching and Continuing Education:

List all legal or judicial educational organizations and activities you have been involved with (e.g. teaching course at a Law Faculty, bar association, National Judicial Institute, Canadian Institute for the Administration of Justice, etc.)

1. Family Law Seminar Leader at the Bar Admission Course for several years during the mid to late 1990's and early 2000's.
2. Spousal Support Panelist, CCLA Civil Litigation Conference, Montebello, 2000
3. Authored and presented "Family Law - An Update" at the East Region Solicitors Conference, Montebello, 2001
4. Guest Speaker on the issue of Pleadings, "Preparation for Trial", Ottawa CCLA, CLE Program, 2002
5. Guest speaker, Law Society of Upper Canada, Women Lawyers Symposium, Ottawa, 2010
6. Guest speaker on the issue of Costs, Ottawa Family Law Study Group, 2012
7. Volunteer Judge, University of Ottawa Law School Negotiation Competition, 2015
8. Volunteer Judge, University of Ottawa Law School, First Year Nelligan Moot, 2016
9. Scheduled speaker at University of Ottawa Law School, Professionalism Series, February 14, 2017

Community and Civic Activities:

List all organizations of which you are a member and any offices held with dates.

1. Volunteer board member and member of the executive committee for Family Services Ottawa for several years during the early to mid-1990s. Family Services Ottawa is a community based counselling and support services organization for Ottawa residents.
2. Dress for Success Ottawa, Legal Group Fundraising Sub-Committee, 2011. Dress for Success is a charitable organization that assists women in their return to the workplace by providing professional work attire and a network of support to help women develop the tools and strategies to facilitate employment success.

Part 11 - The role of the judiciary in Canada's legal system

The Government of Canada seeks to appoint judges with a deep understanding of the judicial role in Canada. In order to provide a more complete basis for evaluation, candidates are asked to offer their insight into broader issues concerning the judiciary and Canada's legal system. For each of the following questions, please provide answers of between 750 and 1000 words.

1. What would you regard as your most significant contribution to the law and the pursuit of justice in Canada?

As a family law practitioner, the pursuit of justice has been a grass roots endeavour. It has been about the day-to-day delivery of legal services to individual clients in a manner that is respectful, inclusive, and educative. As I see the practice, it is not only critical to know the law and understand how to help clients with their legal disputes, it is likewise critical to help the client understand the law and how it applies to their situation, whether it be in a way that protects their rights or in a way that imposes obligations on them. It is also important to share with the client the historical and/or policy reasons behind certain laws as well as the process options available to them as they work toward resolution.

It is not uncommon for family law clients to find themselves misinformed, often by well-meaning third parties, confused by what the law provides for them, what it requires of them, and why. They are frightened by the fact of separation, and divorce, and are very worried about what the consequences could be. They need me to answer their questions.

Providing assistance first entails listening carefully to the events that have turned their lives upside down. Only then can their concerns be understood and answered before moving on to distill the relevant facts from what is often an emotional outpouring of information. Helping the client entails thoughtful consideration of his or her particular facts, how the law applies to those facts, and how to bring the two together in a way that meets the client's goals. In resolving what is often the multiplicity of issues that flow from marriage breakdown, the challenge for counsel is to pull it all together in a way that helps the client feel heard, to understand how all of the pieces must come together, and to appreciate the steps to be taken to get to resolution in a meaningful way, in as timely a fashion as possible. That is how I advance the pursuit and understanding of justice. The hope is that increased individual knowledge will contribute to community belief in, and respect for, our justice system and the rule of law.

As a family law lawyer for the past 26 years, my contribution to the law has been through the hard work of helping individual clients achieve fair and thoughtful settlements, where possible, rather than proceeding to trial. This approach to practice was instilled in me by those responsible for my early training. Preparing the case from the outset as if it is proceeding to trial, is also the best preparation for settlement. It is an approach that I believe in and it is one that is entirely consistent with the Family Law Rules and their focus on settlement at all stages of an action. The result of this approach, my settlement skills, and ability to assess the strengths and weaknesses of a case, is that I have only a small number of reported cases. I am confident that my proven track record will enable me to make a strong contribution to dispute resolution in the courts.

2. How has your experience provided you with insight into the variety and diversity of Canadians and their unique perspectives?

Almost by definition, years of experience as a family law lawyer in a large urban center such as Ottawa also means years of exposure to Canadians from a broad range of racial, ethnic, cultural, religious, socio-economic, and LGBTQ2 communities. To assess how to best serve and meet the needs of any client, it is essential to listen not only to their legal concerns but also listen to the way they describe their life experience, their beliefs, their values, their individual goals and how those fit into their larger community. Key to this is admitting what you do not know about their beliefs and values while also demonstrating the wish and need to understand, to learn about their community and life experience in a way that allows you to help. Many questions must be asked, and respect for answers communicated.

Through friends and clients, I've become increasingly aware and mindful of those from other countries who have little or no experience with the rule of law or a truly independent judiciary that they can trust to be free of political accountability and influence. In contrast, their experience was primarily of a corrupt judiciary that answered to authoritarian political regimes and/or the financial incentives offered by those interested in the outcome of a case.

I am also mindful of the added fear that LGBTQ2 parents have faced in custody disputes - a fear that was only recently addressed with the passage of Bill 28, The All Families are Equal Act, that will come into force in Ontario on January 2, 2017. This legislation amends the Children's Law Reform Act and many other provincial Acts to recognize the legal status of all parents regardless of sexual and/or gender identification, or of how the child was conceived, and ensures equal treatment for all parents and children in the province. Securing these rights for LGBTQ2 parents is the result of a Charter challenge launched by a group of LGBTQ2 parents against the Government of Ontario. As a family law lawyer, it is shocking to say it took 34 years after Canadians received their Charter of Rights and Freedoms, to grant LGBTQ2 parents equal rights.

Moreover, I am proud to say that one of the parents behind the Charter challenge has been a good friend for many years. It was, however, sad to witness her legal and emotional struggle to be recognized as an equal parent to her daughter when her spousal relationship ended, and she separated from the birth mother. The realization that the presumption of parenthood under the Children's Law Reform Act did not extend to same sex mothers came with shock and disbelief. After the Rutherford decision in Ontario that allowed same sex parents to be registered on a child's birth certificate, she believed it was no longer necessary to legally adopt her daughter in order to be recognized as her legal parent. Separation was a difficult time to learn that was not the case.

From my practice experience, I am also familiar with individuals where cultural tradition dictates marriages arranged by the parents of the bride and groom. The cultural consequences for families when an arranged marriage breaks down, can be quite different from those generally experienced in western cultures.

I will never forget the deeply emotional reaction of a much-loved relative when the Robert Latimer case was in the news after he ended the life of his severely disabled daughter. My cousin, who is my age, was born with profound physical challenges. Although her ability to communicate is limited to the Bliss Symbolics communication board that sits on the arms of her wheelchair, she let me know, in no uncertain terms, that no other person should presume to know when another's quality of life has ended. The lesson from that time - and I believe this to have been something she said to me - is that no one can truly understand the small things that bring pleasure and comfort to another. It may be something as basic as fresh, clean bed sheets.