When sexism hits the fan: How female defence counsel are put on trial because of their gender.

AuthorIzadi, Melody

Not one work day goes by where my gender, age and race don't affect my job. If anyone questions how "real" the discrimination is for women in criminal law, specifically for women of colour, and especially for women of colour who are members of the defence bar, I invite you to accompany me to court, or any of my female colleagues. You would be shocked. Or, simply go read all the hate messages posted on social media about Marie Henein after she decided to represent Mr. Ghomeshi.

Sadly, what women in this profession are forced to do, in addition to facing daily obstacles because of their gender, is work twice as hard in every aspect of this job. We have to work twice as hard to make a name for ourselves, to be taken seriously, to be given a legitimate voice in the courtroom, and to be trusted to handle more serious and complex work. At the same time, we're expected to tread carefully down the line of "feminine enough" but all the while ensuring that we are not "too sexy" in the courtroom. Show just enough skin and act (appropriately) feminine so we can still tell that you're a woman, gals!

Fortunately, nothing "newsworthy," (if I can put it that way without minimizing the discrimination that I face daily) has happened to me. My experience has mostly been contained within the confines of remarks by judges, how I'm treated and respected by Crown Attorneys, and the look of disappointment on my client's face when they meet me for this first time: "She is handling my trial?" Essentially, my level of intellect and my talent as a barrister are judged before I even speak. And I know this to be true for almost every female colleague I share this information with. And these experiences happen almost daily. Not monthly. Not occasionally.

What is particularly alarming to me is a specific situation that a colleague of mine faced very recently. Unfortunately, the appalling behaviour exhibited by a senior male Crown Attorney that she was subject to has become yet another catalyst in provoking a larger discussion about gender issues in the world of criminal law. What happened to my colleague I wouldn't wish upon anyone. Not even on the Crown Attorney who once said to me: "Well, shouldn't your (male) boss be doing this case? I'm surprised your client doesn't want a man defending him."

I won that trial. All by myself. Uterus and all.

The incident: A female colleague attends court with the hopes of getting a great plea position for her client. She sits in court...

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