Building trust in justice

CBA National: What are the most significant challenges in the legal profession right now?

Lynne Vicars: To me, the biggest challenges are the evolution of the practice of law as we adjust to new technologies and the trust in our legal institutions. In Canada, as with everywhere around the world, political cynicism is on the rise and judicial independence is being tested and threatened, sometimes by elected representatives themselves.

Misinformation is all around us. While AI is a fabulous tool that lawyers can use to enhance their legal practice and serve their clients more efficiently, it can also help spread misinformation and be used for nefarious purposes. The CBA plans to direct additional resources to these areas to ensure our members are well-prepared to address these issues in the coming year.

N: Are you worried about where things are headed, or do you see opportunities to tackle the challenges the profession is facing?

LV: I'm actually not worried. I'm excited in many ways because public education is the key, and the CBA and its members can and will provide that education. Lawyers, judges, and legal educators all have a vital role to play in helping to reinforce trust in our legal institutions. They’re trained to be analytical and to get to the truth by sussing out the facts. The CBA is particularly well-positioned to help our members with some of these challenges by providing the tools, information and resources they need to educate the public on these issues. It’s something we’re really good at, and it empowers our members to contribute to the solutions.

With AI, I think it's a fabulous opportunity. We just have to get out in front of it to ensure our members can harness the opportunities and know how to mitigate the risks. We used to all know that you can’t believe everything you read. Many of us have forgotten that old adage, and now, with AI, you also can't believe everything you see. There was a time when you looked at a photograph or a video and could be reasonably certain of its authenticity and quite easily spot a fake. We don't live in that world anymore.  So we need to ensure our lawyers grasp the threats of misinformation, disinformation, and malinformation, know how to spot them, and also implement appropriate measures to counter these threats. It’s also critical for lawyers to understand the risk of hallucinations and the kind of bias that can be inherent in AI.

N: You’ve touched on how the current environment feeds distrust of public institutions and distorts perceptions of the legal system. Can you talk about why strong legal institutions matter and how they’re connected to broader social goals?

LV: Public confidence in our legal institutions is a core principle that underpins our legal system. It can’t survive without it. The justice system derives its authority from the trust and cooperation of the public it serves, so it's crucial that we educate the public about the importance of judicial independence and how that interplays with the rule of law.

While those can be difficult concepts to get the public excited about, if we want to continue to live in a vibrant, well-functioning democratic society, these are the core components.

N: Earlier this year, Supreme Court Chief Justice Richard Wagner called out elected officials who undermine confidence in the justice system by reacting to decisions without reading them and criticizing rulings based on the judge who delivered them. What do you say to those who do this?

LV: It’s completely inappropriate for politicians to call out a judge’s decision based on who the judge is or by whom they were appointed. This is not only unCanadian, but dangerous. Leaders who do so contribute to the erosion of the public’s trust in justice. It’s also irresponsible to criticize a judicial decision that you have not read and then purport to tell the public what that decision means. This contributes to the disinformation we spoke about earlier. It’s great that the chief justice has spoken up, but often, judges can't protect themselves. They're not in a position to speak out or defend themselves at all. Judges are among our members, but more importantly, the public’s confidence in the judiciary and judicial decisions is a critical component of a well-functioning democratic society. So, it’s important that the CBA speak out when we see that judges are being unfairly criticized or their decisions are being erroneously described.

N: Beyond what we've discussed, what are your top priorities as president for the year ahead?

LV: The theme for this year is trust in justice. I deliberately didn’t call it “rebuilding” trust in justice because I believe there generally is trust in our justice system. The goal is to make sure the public understands why it’s important to reinforce that trust in our institutions.

That’s especially important for young people, particularly Gen Z, some of whom are lawyers, some who are law students, as they're very influenced by social media and most at risk of being misled by misinformation and forming opinions that Canada isn't fully upholding democratic values. That’s why another focus of mine this year is understanding the perspectives of our new generation of lawyers. I very much want to hear what each of the generations that come after mine have to say on these topics. I want to ensure we are providing all members, regardless of their age or stage in their careers, with the support and tools they need to get the message across to their clients as well.

N: What will make the year to come successful in your mind? What is your yardstick?

LV: Have we moved the dial forward on public education of the importance of our judicial institutions and have we increased trust in justice? It’s difficult to measure to know if we’ve been a complete success, but if we have moved things forward — that's going to be the metric I'm looking at.

Another measure is how well we’ve engaged with young lawyers — not just the number of young lawyers or student members we have, but whether they’re having a meaningful experience with the CBA and taking advantage of all the benefits of their membership.

As of this year, we are excited to have a permanent position for a young lawyer on our board and will be tapping their insight towards stronger engagement with this new generation of lawyers.

N: Is there something that's come through in your role as VP that you hope to build on as president?

LV: It’s paramount that we're working cooperatively and collaboratively with our provincial and territorial branches and the Canadian Corporate Counsel Association, the in-house counsel arm of our association. To many of our members, our branches and the CCCA are the face of the CBA. We've had some bumps along the road, making sure we're working together and not against each other. I think we have moved that forward recently, but it’s something I'm absolutely committed to improving on this year. I want to set the stage to ensure we have truly collaborative pan-Canadian leadership, including all the components of our association, to give our members from coast to coast to coast the very best services and experiences we can offer.

I'm also looking forward to continuing my work with the staff at the national office, as we welcome our new CEO Steve Levitt.

N: You embrace the notion that there's always something new to learn in law and life. What are you hoping to learn in the year to come?

LV: I'm hoping to improve my French. I’ve been trying to learn French my whole life. I studied it in school and for at least an hour a day, every day, on the Duolingo app for the past three years. But it's very difficult when you're surrounded by anglophones and don't get a chance to practice. So, this summer, I spent two weeks living in Quebec City with a host who spoke only French with me, and I took French language immersion classes every day. I’m quite serious about my commitment to our French-speaking members, so it was my way of really doubling down on that commitment and immersing myself in the language.

N: What’s something people might be surprised to know about you?

LV: I didn’t used to share this publicly, but I was orphaned at 15 when my mom died of cancer. I had three older brothers, but I was pretty much on my own at that age. I lived with another girl my age until we finished high school and we've been lifelong friends since then.

That’s something that's quite personal, but I share it because I don't come from the usual background of somebody who becomes a lawyer, deputy judge, or president of the CBA. I come from a background where I could have easily gone in the wrong direction. Without the support of my teachers at school, my brothers and my friends, I could have had a very different life. I think it’s important for people who don’t have two parents who are lawyers or doctors, or don’t see themselves as a lawyer or a judge, to hear that and know that it’s possible to start from anywhere. Don’t let your circumstances define you. Dream big, work hard and you really can become whatever you want to be!

This interview has been edited and condensed for publication.