The Honourable Maria V. Carroccia’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 Maria V. Carroccia.

Questionnaire for Judicial Appointment

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

If you have answered yes to all four questions above, for both English and French, please answer the additional two questions below:

Without further training, are you able to write decisions in both French and English? *

• n/a

Without further training, are you able to conduct hearings in both French and English? *

• n/a

*Please note that the Office of the Commissioner for Federal Judicial Affairs may conduct random verifications and assessments of candidates' language proficiency as stated in their questionnaire.

PART 6 – EDUCATION

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

University of Windsor, 1980-1984 Bachelor of Arts, Honours, English Language and Literature

University of Windsor, Faculty of Law, 1984-1987, Bachelor of Laws

Continuing Education:

n/a

Honours and Awards:

Special achievement, University of Windsor, Faculty of Law 1986-1987

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 History:

1995-present, self-employed as a Barrister and Solicitor practicing in Windsor, Ontario. Practice restricted to criminal defence;

1990-1995 Gordner, Klein, Barristers and Solicitors, employed lawyer practicing criminal law;

1989-1990 Gignac, Sutts Barristers and Solicitors, employed lawyer practicing criminal law.

Non-Legal Work History:

1980-1987 part-time Pharmacy Assistant, Patterson Big V Drug Store;

1980-1986 part-time waitress, Caboto Club of Windsor.

Other Professional Experience:

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

Windsor Essex County Criminal Lawyers' Association, President 20 1 2-present, past president from 1999-2001

Windsor Justice on Target Leadership Team Committee 2010-2015

Windsor Criminal Justice Modernization Committee, 2015-present

Windsor Bail Committee, (Ontario Court of Justice) 2016-present

Pro Bono Activities:

n/a

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.)

University of Windsor, Faculty of Law, Criminal Law and Procedure, Sessional Instructor, Winter Term 2011 (taught course together with Michael Gordner)

Occasional lecturer in various courses at the University of Windsor, Faculty of Law, most recently on Nov. 1 1, 2018 in a course taught by Justice Sharman Bondy: Law Ethics

Community and Civic Activities:

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

Member of the Board of Directors, Leone Residence for Women, 2008-present

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 have been practicing criminal law for about 30 years. During most of that time, I have been a sole practitioner or worked in association with other lawyers. I do not work in a large firm. I view myself as a trial lawyer who "works in the trenches". My contribution to the law is to represent my clients to the best of my ability, whether they are charged with minor offences or the most serious offences.

Over the years, I have conducted countless trials in both the Ontario Court of Justice and the Superior Court. I have represented many different people from all walks of life. Some of the trials involved minor charges, while others involved very serious charges where the consequences upon conviction were also serious. While the majority of my clients have lengthy criminal records, I have also represented first time offenders, police officers, lawyers, doctors, and other people who are unfamiliar with our criminal justice system.

I have always tried my best to ensure that everyone I represented felt that they were treated respectfully and fairly, no matter what the outcome of their matter. As a sole practitioner, sometimes it's hard to devote the time necessary to every client, but that's exactly what you have to do. I have to remind myself that while I may have hundreds of files to deal with, for the individual client, their matter is the only one that matters.

Having said that, I try to maintain a relationship with my clients that allows for communication. In many ways, I am the one who interprets the law for them and explains the criminal justice system to them. Some clients have unrealistic expectations about the outcome of their matter. I have to explain and advise them on their jeopardy, their legal rights, their best course of action. In doing that, I always maintain that I will be honest with my clients, even if the information I am providing to them is not what they want to hear.

I also have several clients that I've represented for over 20 years. I have represented and continue to represent 3 generations of one family. These people trust me and rely on me. I deal with people who very often are at a low point in their lives, facing criminal charges.

I am mindful of the fact that I stand between the individual and the criminal justice system. In doing so, I try to conduct myself with integrity and honesty and try to accomplish the best possible outcome for my client in the circumstances of their case.

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

Practicing criminal law exposes a lawyer to clients from all walks of life. In my work, it is not unusual for me to deal not only with the client, but with their spouses and families. Their needs are individual, but in many ways, there are similarities. I am mindful of an individual's background and beliefs and try to be respectful of those. My community is multicultural and as a result, I deal with people from a variety of cultural, racial and religious backgrounds. I find that I can learn from my clients just as they learn from me.

I try to accommodate their individual needs as much as is reasonably possible in the circumstances. For example, it is my practice to inquire as to whether or not my client identifies as aboriginal since that is a relevant factor to be taken into account at the bail stage or the sentencing stage in criminal matters.

I must fearlessly advance my client's case in accordance with his or her instructions while maintaining my obligations as an officer of the Court. I am always mindful of the fact that my client's perspective is without doubt influenced by his or his background and as a result, I try to make myself aware of his or her background, and I try to ensure that my client has an understanding of the process, whether that involves a guilty plea and sentencing, or a trial.

I believe it is important to have an understanding of the clients you are serving in order to better represent them.

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

All branches of government have a role to play within our democracy. Put simply, the role of a judge is to interpret the law. In the minds of most Canadians, a judge is the embodiment of the law. Therefore, I believe that judges must strive to be above reproach in both their personal and professional lives. They must be fair, open-minded and able to communicate effectively. A judge must be an impartial decision maker.

It is important to remember that judges do not create the law in a constitutional democracy, they interpret the law and apply it appropriately within the confines of the Constitution Act. One of the most important roles of a judge is to determine whether a law is constitutional or whether actions by the state comply with the requirements of the Charter.

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

The audience for the decisions of the Superior Court of Justice is the average Canadian citizen.

It is my view that a judge's decision ought to make sense to an ordinary person, not just to lawyers, scholars and other judges. An individual should be able to understand the decision of a judge and the law upon which it is based even if he or she is not well-versed in the law. The law applies to all Canadian citizens, and judges should keep in mind that in order for the ordinary person to understand the judgment of a Court, they must be able to understand the interpretation of the law set out in that decision.

It seems that more recently, Courts have been striving to simplify the language used in their decisions so that an ordinary person can understand them more easily. For instance, the Charter is written in simple language so that it can be easily understood.

The recent decision of the Supreme Court of Canada in Regina v. Jordan garnered a lot of public attention. I believe that it was easily understood by the public because the Court established a simple formula to determine what constitutes unreasonable delay in the context of criminal trials. It is cases such as this one which make the law more easily understood by the public.

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 I have an ability to deal with people from different walks of life. In my practice I have dealt with clients, other lawyers, judges, crowns, court staff and members of the public. I do this on a daily basis.

I believe I have an understanding of both sides of the issues in criminal law despite the fact that I have spent my career defending people charged with criminal offences rather than prosecuting them.

I have been the President of the Windsor Essex Criminal Lawyers' Association for the last 6 years and as a result, I have participated in various committees which were made up of stakeholders in both the Ontario Court of Justice and the Superior Court, including judges, crowns, police officers, court staff, lawyers, and corrections officials.

This allowed me an opportunity to have input into the decision-making process in both levels of courts and to represent the interests of criminal lawyers on those issues.

I am the mother of two children, and as such, I have developed an ability to balance my professional life with my personal life.

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 experiences reflected there, you may, if you choose, provide information about yourself that you feel would assist in this objective.

I am the oldest child of immigrant parents from Italy. The first generation of my family born in Canada. My parents were not educated. They did not finish grade school, but they valued education for their children. Their first language was not English. My father was a construction worker; my mother was a homemaker. While I was growing up, I was often their intermediary when dealing with government agencies and English-speaking people.

While they encouraged me to further my education, financially, they were not always able to assist, so I worked part time jobs as a student to pay for my education. They taught me the value of hard work. We have a close-knit and loving large family.

As a female lawyer practicing criminal law, I was one of a very few when I started my practice in 1989, but I found guidance and mentors among the more established, mostly male criminal lawyers in Windsor. They answered my questions and gave me guidance when I needed it. I try to do that now with the new lawyers when I am asked to.

I have represented people who have committed violent acts, people with mental illness and people who are substance abusers. A good criminal lawyer has to have the ability to see beyond the "case" and see the person that they are dealing with. In order to do so, you must have a willingness to listen to your client.

I think it's important that judges have that understanding of the people who appear before them.