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36 J U N E / J U L Y 2 0 1 8 w w w . C A N A D I A N L a w y e r m a g . c o m Supreme Court Justice Morris Fish in 2007-08, cites a judicial pretrial where a more junior male lawyer handled the preliminary hearing. The male judge asked her if she was "authorized to make decisions" on behalf of the client, Dann recounts. "I think it is getting better, though. These examples are the exception," she says. Thomas also remembers being told on more than one occasion by court staff in the first few years of her career that certain seats in the courtroom were for "the lawyers." At a time when there is a push for more diversity throughout the legal profession and for the judiciary to be more representative of the communities they serve, what can be done to apply this as well to the practice of criminal defence? Law societies should provide more financial support for maternity leave, suggests Newton-Smith. "This is a key issue. Law societies talk about the reten- tion of women. They could do more with a real parental leave program," she says. Newton-Smith, who has three chil- dren, says she benefits from a sup- portive partner. "Someone who is able, when you are stuck in trial, to pick up the kids," she explains. The CLA also has a women's commit- tee that tries to assist its members with resources and "crafting your own strat- egy" to maintain your practice if going on maternity leave. For younger female lawyers entering the criminal law profession, the need for a strategy may extend to every part of their practice, says Marilyn Sandford, a partner at Ritchie Sandford McGowan Barristers in Vancouver. "The traditional criminal lawyer practice, where you do not do other things, may not be the right 21 st -century approach," she says. The prominent B.C. lawyer's practice has included wrongful death and civil constitutional claims as well as criminal work. For the past num- ber of years, Sandford has also taught a course at the University of British Columbia law school related to wrongful convictions. "I have always had other aspects to my work," she says. In provinces such as B.C., it may also make sense to practise outside of the major urban centres, at least early in one's career. "Leave the big cities and go to smaller communities for a while. There are fewer defence lawyers," says Sandford. Dann, who heads Erin Dann Barris- ter, which includes two associates, agrees that diversifying a practice and trying to find a niche can assist in providing a stable income in an often-unpredictable line of work. "I do a lot of work in the intersection of criminal law and men- tal disorder and as a referee related to search warrants. Try to develop a special expertise and do good work," she adds. Dann and Thomas agree that it is important to try to be a part of high- er-end criminal cases early in your career, even if you are a junior lawyer and the financial compensation is not great. "I was always available. You will TRUE CASES BY & ABOUT CANADIAN WOMEN& THE LAW WOMEN IN CRIMINAL JUSTICE Durvile Publications TRUE CASES SERIES BOOK 4 William Trudell & Lorene Shyba Editors To purchase Ask your local bookseller or order from Indigo.ca or Amazon.ca " The reader emerges from reading Women in Criminal Justice with pictures in mind ... women who work without respite to achieve just outcomes for the people they deal with, often in the face of difficulty and at considerable personal cost." — The Right Honourable Beverley McLachlin From her Foreword to the book Hon. Susan Lang on flawed forensic evidence Hon. Nancy Morrison on sexual abuse Hon. Lise Maisonneuve on women in criminal law Hon. Danielle Côté on the pressures of Judging Hon. Iona Jaffe on the Toronto 18 terrorism Senator Kim Pate on Indigenous women Jennifer Briscoe on the Northern Fly-in Squad Catherine Dunn on domestic violence Kaysi Fagan on the world of drug trafficking Deborah Hatch on wrongful convictions Karen Hudson on the gallery of criminal justice Barbara Jackman on immigration and human rights Lucie Joncas on interacting with a population at risk Susan Kyle on being a Crown and a mother Jill Presser on the fight for LGBTQ+ justice Rosellen Sullivan on a 13-year-old's loss of innocence Jennifer Trehearne on interaction of courts and mental disorders Partial proceeds of Women in Criminal Justice go to Indigenous youth writers workshops in the Northwest Territories. ntitled-6 1 2018-05-25 11:48 AM

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