Earning trust, together

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CBA National: You're taking the helm at a time when the ground has shifted under things Canadians used to take for granted, like security, trading partnerships, and the assumption that when a judge delivers a ruling, politics stay out of it. In that context, what do you think is the most pressing issue facing the profession right now?

Loreley Chekay: I don't look just at the profession, but at the legal system as a whole. One of the biggest challenges is the infrastructure. We need to ensure we have a strong infrastructure, including processes, to maintain the independence of the bench and the bar and to have an adequately resourced justice system. I'm not just talking about courts, but also about tribunals and all the judicial stakeholders. A strong infrastructure also ensures access to the legal system and fundamentally strengthens the foundation, which is the rule of law.

We have to be alive to everything that's going on in the world and in Canada. But if the system is resourced and structured effectively and efficiently, it should be able to pivot as necessary to those changes. 

We need to ensure we protect Canadians, their rights, and their perspectives, both internally and externally. We need to work collaboratively with all our stakeholders because, at the end of the day, we all want a united legal community that focuses on the core values of independence, accessibility, and the rule of law.

N: Is part of that ensuring that the justice system is recognized as critical public infrastructure that warrants investment?

LC: Absolutely. When you think of the base of what democracy is built on, it’s the rule of law. And the rule of law cannot do what it's intended to do if you don't have critical infrastructure in place, which is an effective and functioning legal system.  

When people think of the legal system, they sometimes forget about all of the parts within it. We're not just talking about criminal law or immigration law. It impacts every person in Canada at some point in their lives, whether they are buying a home, in a lawsuit, dealing with the estate of a loved one who has passed, or seeking benefits from a government or an agency. They're all broader legal contexts. So having the structures in place to address this range of matters is critical, just as housing and energy infrastructure are. To me, it's a matter of open dialogue with all stakeholders and collaborating to determine how we move all of these critical infrastructures forward and ensure that the foundations are in place in each area to allow Canadians to be safe, to continue developing and growing, and to be the amazing people that they are.

It's not just about money. Do we want more money? Yes. Everyone wants more money. But does money fix everything? I'm not so sure that it does. Another significant need is data. There’s a big gap, and filling it could help us understand what is and isn’t working effectively across the system. We could use it to make courts work more efficiently and eliminate backlogs, improve access to justice, and build confidence in the justice system. As we all know, data-informed decisions are the best decisions and lead to the best results. But like anything, it takes time and people power.

N: There has been a reluctance by some courts in the country to share data. How do we address that?

LC: I think sometimes there's a reluctance to share information because perhaps the quality or quantity isn’t what it ought to be, or its statistical validity is insufficient.

However, an area of focus for the CBA over the years, including by my predecessor Bianca Kratt, is working with a lot of judicial organizations and associations on having an open dialogue about how we can support them, how they can support us, and how we can work together to make improvements in the justice system. This isn't about patting each other on the back; it’s about discussing the real challenges and issues we face and sharing information with the mutual goal of properly resourcing the infrastructure of our legal systems.

We all have diverse backgrounds and experiences, and that's what makes the dialogue so valuable. It brings all those perspectives together to identify a unified position that will help improve the justice and legal systems, and to identify gaps and challenges. It can also highlight the great things being done that can be shared and replicated across jurisdictions, so others don't have to reinvent the wheel.

N: The theme you've set for your year at the helm of the CBA is earning trust together. What does that mean and look like to you?

LC: I started my legal career in private practice. Then I worked as a Crown prosecutor for more than 14 years, before moving in-house with a Crown corporation. What I’ve learned in all of those roles and through the CBA is that trusted relationships are how we get things done. If we stand by our words, people are amenable to open dialogue, collaboration, and information sharing. To me, that’s fundamental to achieving any change or success.

We can't always all agree on everything, but that is what democracy is about. What we can do is have a respectful, transparent, civil, and ethical dialogue to see if we can find a path forward to some success or opportunities for improvement.

N: What do you see as the CBA's role in this bigger picture of building trust and working together?

LC: When I think about CBA, the first thing I think about is all the friendships and relationships I've made over the years. There's a group of five or six women from my young lawyer days, and we still talk regularly, even though we all practice in different provinces and different areas of law. Some are academics, some are judges, some are practitioners. But something about the CBA brought us together. We were interested in giving back not only to our legal community but also to our broader community.

The CBA can really help foster the fundamental, initial relationship with another individual who shares the values of a united legal community. As members, you may not always agree with others on everything, but you are generally supportive of the pillars of an independent justice system: the rule of law and a well-resourced legal system. The CBA is an opportunity for people to give as little or as much as they can to continue building on those values.

People want to see a better future, not just for the legal profession, but for Canadians as a whole. The CBA provides an opportunity for people to come together to support each other, both professionally and personally, and to bring issues such as mental health and wellness into the light. That's what makes it so strong.

The CBA adds significant value to the dialogue because we very much try to ensure we have a balanced approach and view. We come to the table having done the research, not speaking off the cuff. We make every effort to seek input from our diverse membership and incorporate those broad views. That's what helps maintain and grow our reputation for being a strong, fair voice with integrity.

N: Last year, before taking on the role of vice-president, you described yourself as a cheerleader for the CBA. Do you still see that as part of your role?

LC: If you're a CBA member, you joined for a reason. You should be proud of why you joined and share that. I became a member in law school, and I don't believe my practice, my life, or my experience would have been the same without this organization.

As I head into this year as president, I’m hugely honoured by the opportunity, as not many lawyers get it. It’s a privilege to be in this role, so absolutely, I should be the CBA's number one cheerleader. There’s nothing fake or dishonest in my saying that. I wouldn’t be the person I am without the CBA.

N: What are you looking forward to most in the coming year?

LC: I am looking forward to speaking to as many members as I possibly can. I don't get the opportunity to speak to many people outside Saskatchewan, given the nature of my practice. And we're a little province. But as president, I'm privileged to attend many events that create opportunities to speak with members and take what I hear back to the board to assess whether the organization can provide greater support, opportunities, or education. It’s a chance to collect data. While it’s not scientifically collected data, it has genuine humanity and perspective.

It's going to be an amazing opportunity to learn a lot and, hopefully, put some things into action.

N: At the end of your term, what will success look like to you?

LC: Personally, I think I've already had success. To be in this role is a success, but importantly it's a privilege. From an organizational perspective, it’s having had the chance to sit at a table with federal and provincial counterparts to influence change for the betterment of Canadian society and the Canadian legal system, whether that's little or big.

Unfortunately, as we all know, organizations, infrastructure, and governments generally don't work very quickly, but they can. And a year is enough time to see some movement forward. So to me, success is having conversations and seeing the needle move in a positive way.

* This interview has been edited and condensed for length