Serving the public interest is a phrase routinely put to law students and legal professionals. The topic is frequently and carefully considered by lawyers employed in the public sector, where serving the public interest is not just an ethical consideration, but an obligation. On November 23, 2016, the Public Sector Lawyers Section of the Ontario Bar Association held its annual welcome reception for articling students and LPP candidates. The Honourable Madam Justice Andromache Karakatsanis, the keynote speaker at this year’s reception, provided valuable insight on the topic through personal reflections on her long and distinguished career in the public service.
Justice Karakatsanis was appointed to the Ontario Superior Court of Justice in 2002, the Ontario Court of Appeal in 2010 and, ultimately, the Supreme Court of Canada in 2011. Prior to her judicial appointment, Justice Karakatsanis’ career in the public sector began as the chairwoman and Executive Officer of the Liquor License Board of Ontario (LLBO). She acknowledged the importance of the LLBO’s administrative tribunal work; noting the fact that it is far more likely that a member of the public will interact with an administrative tribunal than a judicial court.
Following her tenure at the LLBO, Justice Karakatsanis served as the Assistant, and then Deputy Attorney General of Ontario. In these roles she recalled the impact of M v H, the Supreme Court decision that found the exclusion of same-sex couples from the definition of common-law spouse in the Family Law Act (Ontario) to be a violation of the Charter, and the government’s decision to amend all 67 statutes related to the definition. While it may have been considerably easier for the government to amend the definition in the Family Law Act and ignore the larger implications of M v H, Justice Karakatsanis considered the government’s response, to effectively adopt redress that was more challenging to implement, as “the right thing to do”. She also reflected on her time as a newcomer to matters related to Aboriginal affairs and seeking the guidance of Grand Chief Gord Peters. Contrary to expressing concern, the Grand Chief indicated that Justice Karakatsanis’ willingness to ask for help and listen were an important first step in the right direction. Finally, Justice Karakatsanis served in the top civil service position as the Secretary to the Cabinet and Clerk of the Executive Council.
Justice Karakatsanis credits these diverse experiences in the public sector as, not only providing the opportunity to engage in highly rewarding work to benefit society, but also assisting her to build the necessary toolset to serve on the highest court in Canada. As for guidance on the role that aspiring and future lawyers can play in serving the public interest, Justice Karakatsanis spoke of being conscious of the obligation civil servant lawyers have in ensuring not only that the rule of law prevails, but the laws themselves are just. In her view, a successful civil servant will show a commitment to listening, empathy and humility. Indeed, Justice Karakatsanis’ distinguished career is a stark reflection of these attributes and, undeniably, serves as an excellent example for any lawyer in the civil service.
A sincere thank you to the Public Sector Lawyers Section, in partnership with the Young Lawyers Division and OBA Student Division, for organizing this year’s reception.
About the author
Asad Akhtar is a graduate of Osgoode Hall Law School and is currently articling at the Ontario Securities Commission (Commission), Compliance and Registrant Regulation Branch. The views being expressed are the author’s own and do not necessarily represent the views of the Commission, the Members or staff.