The Honourable Nancy L. Dennison’s Questionnaire

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 Nancy L. Dennison.

Questionnaire for Judicial Appointment

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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:

• September 1996 - December 1996 - Ontario Bar Admissions Course (Toronto), Called to the Bar February 21, 1997
• September 1992 - April 1995 - Osgoode Hall Law School, York University, Obtained Bachelor of Laws May 1995
• September 1988 - April 1992 - University of Western Ontario, Obtained Honours Bachelor of Arts (cum laude) 1992

Continuing Education:

• 2016: Persons Day Event (Toronto)
• 2016: Supreme Court of Canada Trends: Evolution or Revolution (Ottawa)
• 2016: Informant/Agent; Witness Protection Program: ss. 37-39 of the Canada Evidence Act and Lessons Learned (Toronto)
• 2016 - 2014: International Assistance Group Learning Day, Department of Justice (Toronto)
• 2016, 2013, 2009: International Fugitive Investigators Conference (Toronto)
• 2015: Supreme Court of Canada Excellence Program (Ottawa)
• 2015: How the Code Applies to You, Department of Justice (Toronto)
• 2014, 2011: National Criminal Law Program, Federation of Law Societies of Canada (Halifax, Quebec City)
• 2014, 2010: International Assistance Group and Office of International Assistance Conference (Ottawa, Washington)
• 2014, 2013: Constitutional Case Conference, Osgoode Hall Law School (Toronto)
• 2013: Cross Examination, Expert Evidence and s. 15 of the Charter, Department of Justice (Toronto)
• 2013: Conduct Becoming of the Crown, Association of the Law Officers of the Crown (Toronto)
• 2012, 2009: National Litigation Symposium, Department of Justice (Toronto, Ottawa)
• 2012: 11th Annual Charter Conference, Ontario Bar Association (Toronto)
• 2011: Expert Evidence, Department of Justice (Toronto)
• 2011, 2010, 2009, 2008, 2007: French Language Training, Department of Justice (Toronto)
• 2010: Conference on Recent Charter Litigation, Federal/Provincial/Territories (Toronto)
• 2008: Supreme Court Advocacy Course, Federal/Provincial/Territorial (Ottawa)
• 2007-2002: Prosecutor's Conference, Department of Justice (Toronto)
• 2003: OCAT Advocacy Course (Toronto)
• 1999: Department of Justice Crown School (Ottawa)

Honours and Awards:

• Team Excellence Award, 2014 (Bedford litigation) (Department of Justice)
• Team Excellence Award, 2009 (Schreiber litigation) (Department of Justice)
• Immediate Recognition Award, 2009 (Department of Justice)
• Group Merit Award, 2008 (Extradition Team) (Department of Justice)
• Letter of Commendation from the Assistant Deputy Attorney General, 2005 (Department of Justice)
• Department of Justice Merit Award, 2003

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:

• As of April 2017, I have been Crown Counsel at the Ministry of the Attorney General of Ontario, Crown Law Office Criminal, 720 Bay Street, Toronto, Ontario.

  My duties and responsibilities include the following:

  • Researching, writing and arguing appeals at the Court of Appeal for Ontario dealing with Criminal Code offences and Charter challenges.
  • Responding to applications for judicial review of decisions from the Ontario Review Board
  • Providing legal advice to police officers regarding search and seizure issues and s. 25.1 of the Criminal Code
  • Advisory counsel to the Integrated National Security Enforcement Team for the RCMP
  • Wiretap agent
  • Provide legal opinions to the Director of Crown Law Office Criminal with respect to Crown appeals
• 2006 to 2017, Department of Justice:
  • Extradition/MLAT Team, Department of Justice, Ontario Regional Office
  • Acting General Counsel November 2014 to 2017
  • Senior Counsel 2006 to November 2014
    • Supervised Extradition/Mutual Legal Assistance team consisting of 6 lawyers and 2 paralegals. Assigned all extradition, mutual legal assistance files, appeals and applications for judicial review. Reviewed appellate facta and organized moots for all appeals.
    • In-depth knowledge of constitutional law. Represented the Attorney General of Canada in constitutional challenges to various Criminal Code provisions at the Superior Court of Justice, Court of Appeal and Supreme Court of Canada.
    • Extensive litigation experience conducting proceedings pursuant to the Extradition Act and Mutual Legal Assistance in Criminal Matters Act at the Superior Court of Justice, Court of Appeal and Supreme Court of Canada.
    • One of nine counsel in Ontario Regional Office designated to represent the Department of Justice at the Supreme Court of Canada.
    • Supported and mentored students; member of the Ontario Regional Office Student Committee, articling principal; taught trial advocacy course to articling students and mentored junior lawyers.
• 1997-2006, Counsel, Federal Prosecution Service, Department of Justice:
  • Ontario Regional Office Senior Counsel 2001-2006
  • Counsel 1997-2001
    • Extensive litigation experience prosecuting summary and indictable offences pursuant to the Controlled Drugs and Substances Act, the lncome Tax Act and related provisions in the Criminal Code at the Ontario Court of Justice, Superior Court of Justice and Court of Appeal.
• February 1997- October 1997, Contract Assistant Crown Attorney, Ministry of the Attorney General, Newmarket and Etobicoke:
  • Conducted preliminary inquiries and criminal trials at the Ontario Court of Justice for offences prosecuted pursuant to the Criminal Code and Young Offenders Act.
• 1995-1996, Articling Student, Crown Law Criminal, Ministry of the Attorney General, Toronto:
  • Researched and wrote legal memoranda and facta in criminal matters.  Assisted counsel in the prosecution of officials involved in the administration of justice. Prepared supporting material for dangerous offender applications.
• Summer 1994, Summer Law Student, Etobicoke Crown Attorney's office, Ministry of the Attorney General, Etobicoke:
  • Conducted legal research and prepared legal memoranda regarding various criminal and evidentiary legal issues. Prosecuted summary conviction matters in Youth Court.
• Summer 1993, Summer Law Student, Immigration and Refugee Board, Toronto:
  • Conducted legal research and prepared refugee appeal briefs for tribunal members.

Non-Legal Work Experience:

• 1986 – 1992, Cashier, Zehrs Markets, Guelph, Strathroy, London:
  • Worked part-time throughout high school, university and law school as a cashier and customer service representative.

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, or the Canadian Institute for the Administration of Justice).

• 2018: Instructor for Osgoode Hall’s Arnup Cup & Sopinka Cup mooting team. The team won the Arnup cup 
• 2018, 2016, 2013, 2009: Instructor, International Fugitive Investigators' Conference, Toronto Police Association
• 2017: Instructor, Women’s Litigation Symposium, Advocates' Society
• 2017: Instructor, International Assistance Group Learning Day, Department of Justice
• 2017, 2016, 2013, 2007-2009: Instructor, Trial Advocacy Course, Department of Justice
• 2016: Judge at Gale Moot, Toronto
• 2016: Lecturer at Persons Day event, Department of Justice
• 2014, 2012, 2011: Instructor, Oral Appellate Advocacy, Advocates' Society
• 2014, 2016: Instructor, International Assistance Group Learning Day, Department of Justice
• 2014: Instructor, Expert Evidence, Advocates' Society
• 2013: Instructor, Gladue and Beyond, Ontario Bar Association
• 2012: Instructor, Disguised Extradition, National Litigation Symposium, Department of Justice
• 2012: Guest Lecturer, Extradition, Crown Law Office Criminal, Attorney General of Ontario
• 2011: Instructor, Extradition - How We Can Work Together, RCMP
• 2010 to 2014: Articling Principal, Law Society of Upper Canada
• 2005 to 2014: Member of Ontario Regional Office Student Committee, Department of Justice
• 2003 to 2014: Articling Student Co-ordinator, FPS and Extradition Unit, Department of Justice
• 2010: Instructor, International Assistance Group (Ottawa) and Office of lnternational Assistance (Washington) Conference
• 2010: Instructor, Interpol/Fugitive Investigators'/US Marshalls' Conference
• 2009: Instructor, Department of Justice National Paralegal Symposium
• 2009: Instructor, Department of Justice Written Advocacy Program
• 2007-2009: Marker of factums for the Gale Moot
• 2008: Instructor, INCET presentation
• 2006: Instructor, Federal Prosecution Conference, Department of Justice
• 2005: Instructor, Strategic Partnership for Telemarketing Cases, RCMP, OPP TPS and United States Postal Inspectors
• 2004-2005: Outreach speaker for the Federal Prosecution Service
• 2002: Instructor Training Video for Health Canada, Department of Justice

Community and Civic Activities:

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

• 2018 to present: Manager of the Humber Valley Sharks “AA” hockey team. Humber Valley Hockey Association. Responsible for managing all logistics regarding, equipment, practices, games and tournaments. Responsible for all finances for team with a budget of over $85,000.
• 2017 to present: Member of the St. Michael’s Mamas. Volunteer at a variety of charitable organizations with other mothers from St. Michael’s College School such as Covenant House and the Good Shepherd Ministries.
• 2017 to present: high school volunteer speaker on behalf of the Attorney General of Ontario Outreach Program
• 2016: Etobicoke Basketball Association. Volunteer coach/team manager.
• 2015 to 2016: Habitat for Humanity: Volunteer at the Re Store in Etobicoke that re-sells donated items.
• 2012 to 2017: Co-treasurer, Humber Valley Sharks “AA” Hockey Team, Humber Valley Hockey Association. Responsible for organizing finances. Organize tournament schedules and other team events.
• 2016 to 2017: Treasurer for West Toronto Wildcat “AAA” baseball team. Responsible for organizing finances.
• 2014 to 2016: Communications, Bloordale Bombers 2000 “AA” Baseball Team. Responsible for setting up practices and game schedule. Advise of any changes. Organize tournament events and team building activities.
• 2011 to 2015: Treasurer, Royal York Cardinals “AA” Baseball Team. Responsible for collection of all fees and disbursements for team.
• 2010 to 2014: Member of Parent Council, Lambton Kingsway School. Co-Chair of school’s outreach committee. Organized and participated in various projects to raise funds for the school, our sister school and other community organizations. Involved in book fairs, organized Christmas gift basket campaign to support Stonegate Community Centre, organized teach appreciation lunches, graduates’ yearbook and graduation celebration.
• 2007 to 2014: Grade Parent, Lambton Kingsway School. Liaised with teacher to ensure that the teacher had sufficient volunteers and supplies for crafts, trips and other special events. Supervised many of these activities and communicated with parents to ensure that they were aware of the classroom activities.
• 2009 to 2010: Member of the Board of Directors Lambton Kingsway Before and After School Program. Responsible for ensuring that resources were properly used. Set policies and procedures for operating the program, including hiring practices and safety policies.
• Summer 2009-2010: Royal York Cardinals Select Baseball team. Assisted with the management of the team.
• Winter 2009: Co-team manager, Etobicoke Basketball Association, house league. Advised players of practices and games, kept score and assisted on the bench.

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?

I believe the opportunity I have been given to work in the public service is my most significant contribution to the law and the pursuit of justice in Canada.

I have been Crown counsel for almost twenty years. I have had the opportunity to contribute to the development of the law and to make a difference in the lives of those who become involved with the criminal justice system. Over the years, I have contributed to the pursuit of justice by exercising my Crown discretion in a manner that has positively impacted the lives of accused persons and their families, victims of crimes and their families, as well as the general public.

As Crown counsel one is exposed to a breadth of human realities. One deals on a daily basis with issues of mental health, poverty, racial inequities, substance abuse and a myriad of other personal and social issues that have brought an accused person into contact with the criminal justice system. Crown counsel considers all of the factors relevant to the accused, as well as the impact that the crime has had on the victim and the importance of protecting society. After considering all these factors, the Crown has an obligation to consider how best to proceed with the criminal charges and what would be an appropriate sentence in the interest of justice. The Crown’s role is to present this evidence in a fair manner so that the judge ultimately determining the case is presented with all of the relevant information. I believe that Crown counsel plays an important role in the pursuit of justice.

As Crown counsel, I have also been given the opportunity to help assist the courts in developing the law. I have defended federal legislation on several occasions. I feel privileged to have played a small part in explaining to the Supreme Court of Canada Parliament’s rationale for passing certain laws. I hope I have contributed to the dialogue that occurs between the Supreme Court and Parliament in such areas as prostitution, emergency wiretap provisions and mandatory minimum sentences. In defending legislation passed by the federal government, I am cognizant of the fact that it is not my role to pass judgement on the value or validity of a particular law. It is the Court’s role to determine if the law is consistent with Charter values. Each branch of our government has a separate yet important role in our democracy and I am honoured to have played a small part in the democratic process.

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

I have gained insight into the diversity in Canada through my work as Crown counsel as well as through my own life experience.

As noted previously, as Crown counsel I have seen the most disadvantaged individuals in our society, including individuals who suffer from poverty, drug or alcohol addiction or mental illness. I am also aware of the discrimination that unfortunately exists in the criminal justice system with respect to visible minorities and Aboriginals. As a result of my work experience, I am cognizant of the importance of considering and recognizing an individual’s own unique life experience and how that may have contributed to the individual becoming involved in the criminal justice system.

I also believe that my personal life has given me insight into the variety of life experiences. I am originally from Guelph, Ontario. I grew up in a working class family. My parents instilled in me a strong work ethic and a desire to pursue whatever goal I set for myself. It is with their love and support that I pursued my love of figure skating at the national level, attended university and eventually was accepted into law school. These experiences have given me a broader perspective of life, the challenges life creates and the ways in which these challenges can be conquered.

Being a wife and mother has also given me insight into the diversity in our country. My husband is Jamaican Canadian. I have learned a great deal from both him and his family about his heritage and the challenges of immigrating to a new country. We have raised our children to embrace and be proud of their heritage. I am cognizant of the importance of embracing cultural differences and recognize that one’s cultural background shapes their identity and life experience.

3. Describe the appropriate role of a judge in a constitutional democracy.

A judge plays a crucial role in a constitutional democracy. While different levels of courts have different roles in our democracy there are common themes that apply to all judges.

A judge must uphold the rule of law and protect the constitutional rights of a country’s citizens. A judge’s role is different from the legislative and executive branch of the government. While the legislature listens to constituents and public opinion in determining government policy and the laws of the country, a judge must be ruled by public interest, not public opinion. I cannot put it any better than Justice Abella, as she then was, when she discussed the role of the judiciary at the 1999 Osgoode Hall Law School Constitutional Case Conference:

“The judiciary has a different relationship with the public. It is accountable less to the public’s opinions and more to the public interest. It discharges that accountability by being principled, independent, and impartial. Of all the public institutions responsible for delivering justice, the judiciary is the only one for whom justice is the exclusive mandate.”

How does a judge serve justice? A judge must be non-partisan and act independently in adjudicating the dispute between the parties. A judge must listen to the parties, be open-minded and be fair to the parties appearing before the Court. A judge must be neutral and must not let his or her own views or proclivities sway his or her decision. A judge considers the evidence to determine facts and then interprets and applies the law. But a judge is not all-powerful. A judge’s actions are limited by the law to the extent that the law does not violate the constitutional rights of individuals.

4. Who is the audience for decisions rendered by the court(s) to which you are applying?

The parties to the proceedings are obviously an audience interested in the decision made by the Court, as the parties have turned to the Courts to resolve a dispute. Whether it is a criminal decision – where an accused’s liberty is at stake – or a civil dispute, the parties need to understand from reading the decision that the judge heard and understood the arguments that were made and that the judge carefully and thoughtfully considered the arguments in coming to a decision. The parties should not be left in doubt as to why the judge made a particular decision.

Some decisions turn on their facts, and others beyond the parties to the proceedings may have little interest in the decision. However, in other instances, a decision may have broader implications that may attract the interest of the public, advocacy groups, industries or the media. For example, in a civil case, a judge may have to interpret a statute that would have broader implications to industries that utilize that statute such as the construction industry, the banking industry or the insurance industry. In the criminal law context, a judge may determine the constitutionality of legislation that advocacy groups and the public have an interest in knowing and understanding, as was the case with the federal Criminal Code provisions that criminalized certain acts related to prostitution. Similarly, the public has an interest in decisions that determine whether an individual’s Charter rights have been violated, whether it be by an unconstitutional law or unconstitutional state action. For example, the public has an interest in knowing whether or not it is constitutional to search individuals at a border without suspicion of wrong-doing or whether a person’s conduct is criminal.

Appellate courts that review the decisions of a judge are also an audience that a judge must keep in mind when rendering a decision, whether it is the Divisional Court or the Court of Appeal. A judge’s decision must therefore be sufficiently detailed to allow for meaningful appellate review of the correctness of the decision.

5. Please describe the personal qualities, professional skills and abilities, and life experience that you believe will equip you for the role of a judge.

I believe that my professional experience, combined with my passion for law and my strong work ethic, would assist me if I was fortunate enough to be appointed as a Judge of the Superior Court.

I have extensive experience in the area of criminal and constitutional law that I feel would be of assistance to me as a judge. I believe I possess the necessary analytical skills to address complex legal issues that may arise in a trial and I am familiar with criminal procedure and evidentiary rules. As Crown counsel for almost 20 years, I have gained extensive litigation experience, appearing at all levels of court. I have conducted countless preliminary inquiries, trials (both with and without juries), extradition hearings, appeals and applications for judicial review.

I am confident in my ability to listen to others, make difficult decisions in a fair and unbiased manner, and to convey these decisions in a rational and respectful manner. I always listen to the other party’s position or the evidence in court before making any decision on how best to proceed. I have also had to make some very tough decisions in a time-sensitive manner. I take this responsibility very seriously, as I recognize the profound impact that the decisions I make have on the lives of individuals and their families. At the same time I recognize the importance of protecting the public interest and upholding the rule of law. I consider all of these factors before making a decision.

I have a strong work ethic. This principle was instilled in me by my parents, who taught me that if you want something, you have to work at it. This principle has guided me throughout my life: in school, competitive skating, law, and in my family life. I am confident that with my analytical skills and willingness to work hard, I could effectively deal with civil law matters despite my limited prior experience.

I also have strong time management skills. I have always managed my time effectively and balanced the many different aspects of my life. While attending the University of Western Ontario, I worked part time at a grocery store. I also was a member of the varsity figure skating team and was a member of the London Synchronized Figure Skating team, which competed nationally and internationally. While attending law school, I was a member of the Black Ice Synchronized Skating team, which was part of the National Figure Skating Team and represented Canada at international competitions, placing 3rd in the World Synchronize Skating Championships. As a mother and lawyer, I have always balanced a busy litigation practice with my responsibilities to my family. I am also active in our community, as I feel volunteering is an important aspect of belonging to a community.

I have strong leadership skills. I was captain of my skating team for several years; I was the team leader for the extradition team. I was also the appeals coordinator for the extradition team and supervised articling students for over 8 years. I am proud of my role in the Department of Justice in mentoring and teaching younger lawyers. A leader must also have the ability to work cooperatively with others. My entire career, I have worked effectively with my colleagues, opposing counsel, police officers, and court staff. In my personal life, I have also taken on leadership roles by managing various sports teams within my community.

I believe that both my professional and my personal life have provided me with the necessary experience to take on the weighty responsibility that would come with being a Judge of the Superior Court of Justice.

6. Given the goal of ensuring that Canadians are able to look at the justices appointed to the bench and see their faces and life experience reflected there, you may, if you choose, provide information about yourself that you feel would assist in this objective.

I refer back to my previous answers that set out my life experience.