Vicars aims to promote responsible tech use and raise awareness about judicial independence
Lynne Vicars recently began her year-long tenure as the president of the Canadian Bar Association. She is currently a deputy judge at the Ontario Superior Court of Justice, Small Claims Court division in Toronto.
For our CL Talk podcast, she spoke about her career journey, leadership at the Canadian Bar Association, and the pressing challenges facing the legal profession today, including public trust in justice and the role of technology.
Listen to our full podcast episode here:
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Below is a summary of the conversation, edited for length and clarity:
I was orphaned at 15, and after my first year of university, I realized that if I wanted to have a home and family, I needed to enter the workforce right away. At 19, I joined Scotiabank as a teller, and though I rose quickly in management, I was determined to complete my education. After eight years and two children, I was fortunate to return to university, where I earned a BA, JD, and MBA. My youngest son was born the year I completed my undergrad at the University of Western. With a law degree, I believed I could make a meaningful, positive impact on people's lives, which was my motivation for attending law school.
I began my legal career in private practice, where I achieved this goal to some extent. Later, I returned to Scotiabank as senior legal counsel, continuing to make a difference. However, during my year as president of the OBA, and especially during the pandemic, I experienced a personal transformation. I became more focused on what truly mattered to me: my family, friends, and a career centred around public service and the importance of the justice system.
I also realized that I no longer wanted to advocate for just one side but was more interested in finding the truth and applying the law as a neutral. This shift led me to become an independent investigator for one of Canada's consumer banking complaint offices and eventually to my current role as a deputy judge in the Small Claims Court in Toronto, which I absolutely love.
My primary focus this year is reinforcing the public's trust in the justice system. For so long, our justice system has been strong and central to our democracy, allowing us the luxury of taking it for granted. We haven't needed to explain why it's foundational or clarify concepts like the rule of law, an independent judiciary, solicitor-client privilege, or the importance of access to justice because people simply trusted that the system worked.
However, polarization, cynicism, and disinformation are now threatening public perceptions of these democratic institutions. It's critical that we maintain trust in our justice system, as it's the bedrock of our democracy. If we want Canadians to continue having confidence in the system, we must actively combat these emerging threats.
The CBA has long been a defender of the rule of law and judicial independence, which are central to our association's mission. We've spoken up in the past to defend these principles, and as part of my presidential priorities, I want to launch a series of initiatives and outreach efforts to reinvigorate public trust in justice.
First, we will engage our members, particularly young lawyers, empowering them to raise awareness about the role they play in protecting the justice system from misinformation, polarization, and cynicism. Public legal education will be a key focus for the CBA, where we aim to inform the public about the importance of judicial institutions, judicial independence, and the rule of law in a democratic society. We will arm lawyers with the tools and resources to effectively communicate why these principles are essential to everyday life.
We'll create opportunities for our members to engage directly with the public so that people not only understand but become champions of justice themselves. This way, they can recognize when these principles are being threatened and understand why they matter. Our goal is to bring justice issues into public consciousness.
Additionally, we will continue collaborating with our justice sector partners to address the scarcity of judicial resources and work towards meaningful solutions to alleviate backlogs and bottlenecks. We'll also maintain our leadership role in advocating for the responsible use of technology in legal practice, as it's critical for both private practice and improving access to justice.
It's really heartening that five of the nine Supreme Court of Canada justices are now women. When I became president of the OBA in 2018, I was only the ninth woman to hold that position, and now Kathryn Manning, the current OBA president, is the 13th. Both OBA’s vice presidents are women, and the vice president of the CBA is also a woman. These are all positive steps forward.
However, challenges remain. The wage gap for women lawyers persists, and many women continue to leave the legal profession, sometimes due to serious issues like discrimination and sexual harassment. Clearly, there's still much more work to be done.
I'm a strong advocate for technology, and when used responsibly, it is essential to an effective legal practice and the administration of justice. However, as I emphasized, it must be used responsibly. For instance, generative AI has immense potential to advance legal practice, but it also presents significant risks that need to be fully understood and managed. I see the CBA’s role as not only educating the bar about these opportunities but, more importantly, about how to mitigate the associated risks.
Additionally, I believe the CBA can play a key role in educating lawyers on the use of technology in the courtroom, much like the OBA has done with its highly successful CaseLines (now Case Center) training programs. This is a huge opportunity that will greatly benefit the legal profession.
Legal problems are a fact of life for everyone, yet many studies consistently show that Canadians do not seek professional assistance for over 80 percent of their legal issues. This is where innovative legal services, particularly those that effectively employ technology, can significantly improve access to legal assistance.
These technologies are not meant to replace lawyers but can help reach people who are currently navigating their issues without any support. They can also guide individuals in recognizing when they truly need to retain a lawyer to resolve their problem.
We've already discussed it quite a bit, but I believe the biggest challenge and opportunity over the next five years will be effectively and responsibly grappling with the use of AI in the legal profession. Alongside that, another key issue will be the effective mentoring of the next generation of lawyers. With fewer face-to-face interactions – whether with mentors, clients, or in courtrooms, as many proceedings are now virtual – young lawyers and students are losing valuable opportunities for direct engagement.
Firms and practitioners will need to find ways to create meaningful interactions and mentoring experiences in this evolving environment. The CBA can play a significant role in addressing this by offering numerous opportunities for young lawyers to engage, whether through face-to-face events or speaking engagements. There's great potential here, but these are the challenges I foresee for the legal profession in the coming years.
I’ve spoken a bit about my personal transition from lawyer to neutral, and part of the reason I wanted to take on the CBA presidency was to emphasize the critical role that lawyers, judges, and other justice system stakeholders play in society. The CBA has a proven track record and is a trusted voice for the legal profession. My time as president of the OBA taught me a great deal, and I was eager to bring that experience to serve at the national level, which led me to this role.
We often hear about the importance of mentorship, and while it is critical for young lawyers, especially young women, to have mentors, it's equally important to find at least one sponsor in your career – someone who can help move your career forward. I've been fortunate to have several strong women sponsors throughout my legal career, and my message to women aspiring to leadership roles is this: it's essential to find a sponsor who will champion you, cheer you on, and actively support your career advancement.
This is another area where technology will play a significant role. I'm excited by the opportunities, but also cautious to ensure we have proper safeguards in place to protect against risks, particularly when it comes to using AI in our court system. I believe we're still a long way from effectively implementing AI due to the need to address and mitigate these risks early on.
AI is going to be critical, not just for legal practice but for our world as a whole – that’s clear. However, do I have concerns that AI will replace lawyers or doctors in the near term? Absolutely not. As many have said before, AI won't replace lawyers, but lawyers who don't learn to use AI effectively will be replaced by those who do.
