Courage and candour

Even before the pandemic cast the spotlight on mental health globally, the issue gained greater attention in the business world and in law. It is only fitting that this year's President's Award recipient is former Justice of the Supreme Court of Canada, Clément Gascon, who has helped destigmatize much of the discussion around depression and anxiety in the legal profession.

CBA President Stephen Rotstein saluted Justice Gascon's candor about mental health during this year's Annual General Meeting. "His courage in this regard is an inspiration for all lawyers," he said. "In the years since 2019, our appreciation for the importance of focusing on these issues has only grown."

Before sitting on the Supreme Court, Justice Gascon had practised law at Heenan Blaikie in Montreal, while teaching business law, labour law and construction law at McGill University. He was appointed to the Quebec Superior Court in 2002, and to the Quebec Court of Appeal ten years later, before heading to the top court in June of 2014.

After his retirement in 2019, Justice Gagnon opened up about his struggle with anxiety and depression, which he said he had been concealing since his mid-30s.

Justice Gascon, in accepting the President's Award, noted that his passion for the law and justice, fostered by mentors and past colleagues alike, came with a price – "the related hard work, devotion, and sacrifices that characterize it." Thankfully, he had "the support, assistance and understanding of my close family and friends."

"The tougher challenges and struggles that some in our legal community have with perfectionism, anxiety, stress or even depression, do not define a person," said Gascon, now senior counsel at Woods Litigation boutique in Montreal. "These challenges and struggles can be managed, composed with and overcome with proper hindsight, help, candour and openness."

It's no secret that excessive working hours and a high-pressure and competitive environment have placed a tremendous burden on large swaths of the legal profession.

A five-year study completed in 2019 on the mental health of Quebec lawyers in partnership with the Barreau du Québec revealed that 43% of participants had experienced some form of psychological distress, and that the proportion of burnout was 19%. The Quebec study currently serves as a model for a national study undertaken by the Federation of Law Societies of Canada in collaboration with its member law societies and the CBA.

Noting that the CBA is the first association of legal professionals that he joined as a McGill law student nearly 40 years ago, he commended the association for being a leader in this openness and dialogue. "If I have helped somewhat a little in this regard, I feel most thankful and honoured to have done so."

"The CBA has taken and continues to take a leading role in providing a strong voice – one that is valued and responsive – on issues to do with people's well-being in the Canadian legal community."

The CBA President's Award recognizes the significant contribution of a Canadian jurist to the legal profession, to the Canadian Bar Association or to the public life of Canada. View the list of past recipients.