From outrage to awareness
by donalee Moulton
Justice Jamie Saunders knows firsthand what it is like to serve as a member of the judiciary, and he understands the importance of that role. Two factors, however, combined to convince the Nova Scotia Court of Appeal judge that such insight might be limited primarily to his own profession and that reality had to change.
The catalyst for change came a decade ago when two judges, one in Vancouver and one in Montreal, were harshly criticized by the public and in the press for decisions they had rendered. They were badly maligned in the media. They were the subject of talk radio. They had to have police protection, said Justice Saunders.
That immediacy of that situation and Justice Saunderss outrage was complemented by a longer-term awareness that had been on the Yorkton, Sask., natives mind for some time. I always suspected there wasnt much out there on judges, said Justice Saunders.
He confirmed that suspicion by writing to every department of education across the country and asking what they taught about the judiciary. The answer was zero, he said.
That is no longer the answer. Justice Saunders went on to spearhead the development of Try Judging for high school students and teachers. I conceived of Try Judging as a way of explaining to Canadas young people what judges do, why the judiciary is important, and why impartiality is a cornerstone of democracy, said Justice Saunders, who was president of the Canadian Superior Courts Judges Association (CSCJA) at the time.
Today, the publication, which was launched in 2004, and its edgy interactive online version are used in schools across the country and beyond. A request recently came from South America to translate the document into Spanish.
The impact of Try Judging, for which Justice Saunders recently won the CSCJA Law Day Award, goes far beyond any one individual student. Indeed, said Justice Saunders, it will be felt on the bench and beyond. We have to know that we have the confidence of the public and that confidence has to be based upon an understanding of what independence and impartiality are.
For Jamie Saunders, as a young boy growing up in Manitoba, Ontario, and Quebec that understanding was sparked by two literary mentors. First, there was Charles Dickens, whose ability to describe the unfairness and injustice in certain areas of life and the arrogance of the law left an indelible mark.
Then, there was Herman Melville and Billy Budd. I read that book when I was 12 or 13, and it left a lasting impression, demonstrating the difference sometimes between law and justice, how a rigid application of the law, could perpetrate an unforgivable injustice, said Justice Saunders.
The impact of Melville's prose, he added, never left me.
Justice Saunderss legal journey included a law degree from Dalhousie University, work in private practice as a litigator specializing in criminal defence, and acting as counsel to the government of Nova Scotia in the Donald Marshall, Jr., royal commission of inquiry. In 1990, the fan of Dickens and Melville was appointed to the Supreme Court of Nova Scotia. A decade later, as Try Judging was conceived, he became a member of the provinces highest court.
Stepping into judicial robes enabled Justice Saunders to see the legal profession and its role
in a new light. I realized the whole is much bigger than the sum of its parts. You represent the judiciary in Canada. Your actions have to bring honour.
Outside the courtroom, Justice Saunders can often be found kicking back. And forward. A black belt in karate, he has been studying some form of the martial arts for 15 years. Whats good for the man is also good for the judge.
Its certainly a release, said Justice Saunders. You cant possibly think about your day job when youre sparring with someone or things will go very badly for you.
Achievements
Name: Jamie Saunders
School: Dalhousie University (now Schulich School of Law)
Called to the Bar: 1974
Career Highlights:
1990 Appointed to the Nova Scotia Supreme Court
2000 Appointed to the Nova Scotia Court of Appeal
2004 Try Judging launched across Canada
2007 Received the Presidents Award from the CSCJA for outstanding contribution to the judiciary in Canada
2010 Appointed to the Court Martial Appeal Court of Canada
Visit the Nova Scotia Courts' website for more about judges, including a 2003 article by Justice Saunders on the meaning and importance of judicial independence and impartiality.