Black History Month
Every February, Canadians across the country are invited to honour the legacy of Black Canadians and their communities.
Here, at the Legal Archives Society of Alberta, we are acknowledging the transformative work of Black lawyers and judges, past and present, whose achievements and contributions to their communities make Alberta the culturally diverse, compassionate, and prosperous province it is today.
The Honourable Madam Justice Gaylene Kendell
Madam Justice Gaylene Kendell was born in Edmonton in 1974. Her parents immigrated to Canada from Trinidad and Tobago in the 1960s. She grew up in a unique environment where her parents fostered more than 50 children over 40 years. She began her undergraduate studies in English and Psychology from Concordia College in Edmonton before transferring to the University of Alberta for her second and third years. Justice Kendell studied law at the University of Alberta where she received an LLB in 1998 and was Called to the Alberta Bar in 1999. Before being appointed to the Court of Queen’s Bench on April 12, 2018, she practiced mainly in family law in Red Deer.
Below she shares her insights with the Legal Archives Society of Alberta in honour of Black History Month.
- Describe your path to becoming a lawyer and then judge.
I have no memory of not wanting to become a lawyer, specifically a family law lawyer. While I am not 100% certain, I think that at the age of five, I took issue with a judge deciding that some of my foster siblings be required to leave my home, which I did not think was fair, and I vowed to prevent such an injustice in the future! I always wanted to be a lawyer. I applied to the U of A Law School at my earliest opportunity – I was not ready to move away from home, so the U of A was my only option. I was honestly surprised, but utterly thrilled, to be accepted after completing my third year of my four-year Bachelor of Arts program.
I did reasonably well in law school. I matched with a number of firms in second year, but did not secure an article. I graduated without having articles lined up, but for some unknown reason, I was not overly concerned. I had the best Summer ever! I committed to making two cold calls a day, made said calls first thing in the morning, and then was free to enjoy the warmth of a Summer day. While a couple opportunities did present themselves, I wanted to make sure I had the right “fit”. That “fit” presented itself in the first articling position I applied for outside of the Edmonton area – Chapman Riebeek in Red Deer. My Mom drove me to the interview, like she had to every other articling interview (we got lost on the way back to home, ended up taking Highway 2A), and if memory serves me correctly, I was offered a second interview by the time we got home.
My articles with Chapman Riebeek were, in a word, amazing. I remained with the Firm until my appointment to the Court of Queen’s Bench. I used to say that I moved to Red Deer for a year to article, and haven’t left yet. I was privileged to work with, and be mentored by, phenomenal people. The family bar in Central Alberta was so collegial, and became even more so with the introduction of Collaborative Family Law practice.
Becoming a judge was never on my radar. My plan was to practice family law until I was no longer able to, but in 2015, I attended the late Justice Bill Hopkins swearing- in ceremony. I had attended several swearing-in ceremonies in the past, but something was different at Justice Hopkin’s ceremony; I often compare it to a tiny seed being planted. Here was a former colleague from a small firm, in a small community. being sworn in as a Justice of the Queen’s Bench of Alberta. I paused for a moment.
I checked out the judicial application process, and immediately decided that I was not up to the task – but the seed was planted and had started to take root. I spoke with my partners, and they were beyond supportive and encouraging of me – the seed was watered and began to sprout. I made some inquires with members of the judiciary, and the little plant got a bit of sun, but I took a look at the judicial application again – I guess that would be the killer frost in my analogy – and the plant went dormant for about a year. The “fertilizer” that forced me to apply was learning that a Red Deer judicial vacancy was anticipated. I had made a good life for myself in Central Alberta, and was thus only open to a Red Deer appointment. The Red Deer vacancy was filled before my application was even assessed, but thanks to the sage advice (which I strongly resisted!), of a valued mentor, I made it known that I was open to an appointment in Edmonton. I was appointed to Edmonton QB in February 2018.
- Has your childhood, growing up with foster siblings, affected your approach to the law?
I think that every judge’s personal experiences has an impact on their approach to the law. Diversity on the bench encompasses more than just judges looking different than one another – it includes having judges from various areas of legal practice, from law firms of all sizes, from both the private and the public sectors. Judicial diversity is also achieved by having judge’s whose backgrounds and lived experiences differ from each other, allowing for broader perspectives to be considered.
As being a foster sister was instrumental in my decision to pursue a career in law, and as I will be a foster sister for the rest of my life, I don’t see how it could not affect my approach to the law – it is part of who I am. Fostering taught me patience, acceptance, understanding, and empathy – traits that I rely on daily in court.
- What challenges have you experienced during your legal and judicial career?
I love this question, because I equate challenges with opportunities, and if I am being perfectly honest, I probably faced challenges that I was simply unaware of. Take, for example, not securing articles in Edmonton early or at all – that challenge led to an amazing articling experience and a fulfilling, rewarding career. I started law school shortly after my 21st birthday. I had been a student since age 5 – that same challenge allowed me to enjoy a much needed break, before I commenced a demanding legal career. Did I mention that I had the best Summer ever?
One of the challenges every Justice faces when appointed to the Court of Queen’s Bench is a huge learning curve, as most of us did not practice in all areas of the law where we now hear matters, but it’s also an opportunity for ongoing education, training and development.
The relationships I formed with members of the legal community during practice were, and are, some of the most valuable associations of my life, and an appointment to the Court necessitates changes to those relationships – that has been a real challenge for me. The opportunity that my appointment to the Court has given me is the forming of incredible relationships with new colleagues. Do I miss the comfort of my pre-appointment relationships? Of course, but the changes in those relationships have been tempered by the opportunity to form new ones.
- Any advice or suggestions for people of diversity looking to pursue a career in law?
The advice that I would give people of diversity is the same advice I would give anyone seeking to pursue a career in law, or a judicial appointment for that matter. Work hard in school – marks do matter, and being accepted to a law school is highly competitive, so take courses that you enjoy and that you know you will do well in.
Give back to your community – your volunteer experience may allow you to stand out from other law school, articling, or judicial applicants, not to mention that it is the right thing to do! Volunteer in areas you are passionate about, not just because you think it will look good on your resume – recruiters and interviewers can often assess a candidate’s sincerity in their choice of volunteer endeavours. And be open to volunteer experiences outside the legal sphere – remember that diversity in life experience matters, and if we want to create a diverse bar and bench, we need to have people with all sorts of different backgrounds and experience.
Seek out mentorship opportunities and be sure to pay it forward. The mentorship I received from teachers, coaches, and colleagues throughout my life, and that I continue to receive from senior members of the Bench, along with the love and support of my family and friends, is to be credited for any success I achieve.
And when it comes to pursuing a judicial appointment, I have only one word of advice: Apply! You may not be successful, but I can guarantee that if you don’t apply, it will never happen.
