Listen to this articleBelow is our recent interview with Karen McCleave, a lawyer from the Greater Toronto Area who has dedicated more than 30 years to serving the public in pursuing justice with integrity and fairness before taking her service into the broader community.
Q: Could you provide our readers with a brief introduction to your background? What led you to a career in law and how did you become an Assistant Crown Attorney?
Karen McCleave: Sure. Growing up, I always enjoyed helping others, public speaking, reading and writing. Becoming a lawyer provides the opportunity and tool kit to assist people during difficult times in their lives.
I received a B.A. from Western University, where I studied in an Honours Program, before obtaining my law degree from the University of Windsor. Studying law galvanized that courtroom work as a barrister was the best fit. Representing my law school at a mooting competition reinforced that advocacy was the passion to pursue.
I learned that you cannot start too early to network with the people and organizations you want to work with. Focus on school break and after-class experiences to secure that “foot in the door” for substantive learning and building relationships. You will find that good mentors will take the time to impart invaluable information. Access that!
The path to the Crown’s Office was certainly not linear. After summering as a law student at a Crown’s Office, my articling year involved no criminal law experience. I can really relate to recent graduates facing tough job markets today. Around the time I was admitted to the Ontario Bar, we were in a recession. Stories abounded about underemployed and even unemployed lawyers. Legal positions were scarce; ones in Crown’s Offices even rarer. I decided to pull up roots in a city I was attached to and move to one where I knew no one to accept a short-term contract. Consecutive, short contracts followed. For about two years, there was no job security until I secured a permanent position.
Q: What has been your most unexpected lesson as an Assistant Crown Attorney?
Karen McCleave: That there is no terra firma with respect to how any day will evolve! Twists and turns can prevail. The all-day trial you prepared for may collapse for a myriad of reasons and one you know nothing about is moved into your court. The witness you counted on is now unavailable for court and you end up hastily preparing an application to admit their evidence in another manner. Certainly, no two cases or individuals are the same.
I prosecuted all types of cases, ranging from summary conviction matters to complex homicides. There were dozens of jury trials, including murder cases that lasted for months and high-profile and sensitive cases, including defendants employed in the administration of justice, children and victims with intellectual and physical challenges.
Another good lesson? The dramatization of courtroom lawyers on television is a far cry from what is required for effective presentations. More accurate is the adage that “Good advocacy is 99% perspiration and 1% inspiration”!
Q: What’s the best thing about practicing law that people might not realize or know about?
Karen McCleave: The broad applicability of legal knowledge to whatever career path you pursue. In other words, you can “practice” your legal knowledge in a number of ways outside a law firm. Some of my classmates combined a law degree with a MBA or engineering degree. In later joining corporate settings, they were advantaged in negotiations, contract analysis, etc. by having a law degree. It is the “knowledge bank” that keeps on paying dividends!
For those who do choose to practice law, without question, the best thing is the opportunity to help others during what may be the most challenging and vulnerable chapter of their lives. For me, it was presenting criminal cases to the court on behalf of the community. Many victims are traumatized and still in crisis at the time they must testify. Having to re-live their experience and face their abuser in court can trigger overwhelming emotions. A particularly gratifying aspect of this work is when victims, or families of deceased victims, express appreciation for the support and information provided during the courtroom journey.
Q: During your career, you applied legal developments and employed evolving evidentiary tools in your prosecutions. Can you elaborate on that?
Karen McCleave: As a lawyer, you need to embrace a lifetime of learning. The law is never static. Legislators change laws, courts interpret them, and scientists advance forensic techniques. One of the biggest developments in recent years has been the broadening application of forensic science as new and more sophisticated methods of evidence-gathering at crime scenes have evolved. To illustrate, it is difficult in 2020 to contemplate that, not long ago, the admissibility of DNA results was litigated. It is now widely accepted as reliable science in everything from trial evidence to finding relatives on databanks!
Q: Your advice for interviewing the new class of Crown prosecutors – what traits would the most suitable candidates need to possess?
Karen McCleave: Well, let me start by saying that once you discover the meaning that public service gives to your life and the lives of others, it is a life-long quest. Candidates need to possess that awareness and dedication. You need to have a strong moral and ethical compass to guide you. This is extremely important because you’re expected to be fair and impartial at all times, and to exercise sound judgment.
Strong public speaking skills and the ability to think on your feet are needed. You need to demonstrate the intellectual ability and innate curiosity to ask pertinent and thorough questions when you are dealing with witnesses, including cross-examining the defendant. What might a juror be wondering about the facts that this witness could fill in? If relevant, ask it.
Of course, a strong work ethic is a core prerequisite because you are going to be working long hours.
Q: You have volunteered your time to charitable agencies and as a member of various boards; your most recent appointment is to the Board of Trustees for the McMichael Canadian Art Collection. What is it about working in community advocacy that is attractive to you? Should other professionals follow suit?
Karen McCleave: I have long been enthusiastic about helping others, volunteering in organizations and supporting the arts and live music. Specifically, the area of youth mental health is one that bridged my work as a prosecutor with my community where I was a member of a board for an agency helping these youth and their families. While there, I also learned more about governance, by-laws and policies.
What you learn from volunteering can make you more knowledgeable in your workplace, as a well-rounded professional. It is complementary as well as rewarding. For those looking to build a law practice, you will meet and broaden ties with people you might not have otherwise encountered.
As much as volunteering makes a difference in the lives of others, it will make a difference in yours! Embrace it.
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