Two Firsts: Bertha Wilson and Claire L’Heureux-Dubé at the Supreme Court of Canada

by Constance Backhouse

Bertha Wilson and Claire L’Heureux-Dubé were the first women judges on the Supreme Court of Canada. Their 1980s judicial appointments delighted feminists and shocked the legal establishment. Polar opposites in background and temperament, the two faced many identical challenges. Constance Backhouse’s compelling narrative explores the sexist roadblocks both women faced in education, law practice, and in the courts. She profiles their different ways of coping, their landmark decisions for women’s rights, and their less stellar records on race. To explore the lives and careers of these two path-breaking women is to venture into a world of legal sexism from a past era. The question becomes, how much of that sexism has been relegated to the bins of history, and how much continues?

Genres: History, Nonfiction

272 pages, Paperback

First published March 8, 2019

Reviews

[Matt · Rating 3 out of 5]

While Canada can be said to have some progressive views, women in positions of legal authority remained stagnant throughout the first century since Confederation. Constance Backhouse uses this book as a primer to provide readers a little more biographical understanding of the first two women appointed to the Supreme Court of Canada. Bertha Wilson and Claire L’Heureux-Dubé had some similar hurdles, but their backstories could not have been more different. Backhouse parachutes the reader into a parallel biography of both women, interspersing their upbringings. Wilson grew up in rural Scotland to hard-working parents who thought she was best to hone her skills at homemaking, while L’Heureux-Dubé lived in a staunchly Quebecois household and was told to find work to support herself. Both women took the plunge and entered the law, though Wilson waited until after she married and moved to Canada. Both women faced many hurdles in law school, with professors and dean who demeaned them publicly and in private conversations, though Wilson and L’Heureux-Dubé were happy to excel and make names for themselves. In the 1970s, both women rose through the ranks of law firms and were eventually recognised for their service by being called to the bench. Again, there were sexist and discriminatory claims made by male judges, but neither woman paid any of them much heed. Backhouse tells the interesting story of how Bertha Wilson earned her nomination to the Supreme Court of Canada after Prime Minister Pierre Trudeau was bullied in a cabinet meeting to make the move and appoint a women to fill a needed vacancy. His agreeing to do so opened the door and helped Canada become a more progressive—though far from equal—country when it came to women in the judiciary. L’Heureux-Dubé followed five years later under the subsequent prime minister, beginning a new approach to Canada’s highest court. An ‘old boys’ club’ remained even more problematic for Wilson than she had seen before, with prominent justices all but dismissing her arrival in Ottawa. Backhouse tells a few stories of Wilson’s early years, but does effectively show how she paved the way for L’Heureux-Dubé to come and make her own mark. In the latter portion of the book, Backhouse examines some of the key ‘feminist’ rulings both women made, including on abortion in Canada, rights of minorities, and the role of women in the larger legal arena. Those looking for a decent introduction to the first two women on the Supreme Court of Canada need look no further than this tome, as the shards of glass ceilings come raining down throughout. Recommended to readers with an interest in women’s rights through the lens of legal and judicial evolution in Canada, particularly those who want the feminist flavour.

I stumbled upon this book and felt that it would be a great way to learn a little more about two justices from the Supreme Court of Canada, as well as the struggles of women in the law. Constance Backhouse pulls no punches that this was written with a feminist bent and seeks to elucidate the struggles Wilson and L’Heureux-Dubé faced in the male-dominated legal world that was Canada. Her biographical narrative is easy to comprehend, full of tidbits that will leave the reader wanting to know more, while also stressing the slow evolution of acceptance of women in the legal world. While this was a definite positive, I would have liked to see a separation of these two women, allowing Backhouse to focus more attention on each and keep from filling the pages with jilted biographical vignettes of one before turning to the others. While there is no doubt that Wilson and L’Heureux-Dubé came from different backgrounds—the contrast works well for the attentive reader—the stop-start nature hinders the argument. One could also say the constant need for photos and press clippings slow the narrative’s flow and while many readers like the documentation, it could effectively be done in a photo section. While I have never espoused a strong love of the feminist argument, I did enjoy the themes and approach that Backhouse used in this piece, which acts as a springboard for me to learn more. Short chapters, full of information, will have me wanting to do some more research, as well as tackle the recently released memoirs of one of their female Supreme Court contemporaries. An enjoyable quick read, to say the least, and Backhouse should be praised.

Kudos, Madam Backhouse, for an insightful piece. I did learn a great deal and hope others can say the same.

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[Margareta · Rating 5 out of 5]

A fascinating and surprisingly light read about Canada's first two female Supreme Court justices. I was eager to discover 'what happened' as I read, even though I knew the eventual outcome. Covering the lives of two groundbreaking women and written with great insight into their lives and legacies, this makes for a read I would enthusiastically recommend to anyone with an interest in Canadian civil society over the years, as it tracks Wilson and l'Heureux-Dube's paths throughout both their legal careers and the prevailing (and evolving) views towards gender in society and within the judiciary.

Though I am rating this 5 stars, I would only add that at times the book read as more formulaic than organized, though it was easy to follow and ensured that it was the stories of these two women which were central throughout. I also found the addition of a chapter on race near the end to be visibly out of place and poorly integrated with the rest of the book. Though it offered incredibly relevant observations on how both women's views on race and Indigeneity evolved, it felt odd that nary a mention of race occurred throughout the preceding two hundred pages (including detailed accounts of their legal opinions) only to assert that both were insensitive on the topic.

Overall, good read.

[Crystal Sissons · Rating 5 out of 5]

This is a fantastic book that compares and contrasts the first women on the Supreme Court of Canada. In some ways they were similar, in others they couldn't have been more different! The book is very accessible and has wonderful pictures throughout that help the reader to really get to know these two important Canadian women. The book also takes the reader through key legal decisions that helped to shape Canada especially in relation to Charter challenges.

This is an excellent book to begin exploring women's legal history in Canada, and can be supplemented by the author's recent full-length biography on Claire L'Heureuex-Dubé and the existing additional literature on Bertha Wilson.

[Cait · Rating 5 out of 5]

I read an advance copy of this book.

It’s pathetic, but before I read this book I couldn’t have told you who the first (let alone the second) female judge was on the Supreme Court of Canada. I knew nothing on the subject, so I really enjoyed this book.

The book does well by splitting time between the two female judges, and the writing is engaging. Incredibly informative, but not a heavy read. Highly recommended!

[Cristie Underwood · Rating 5 out of 5]

This biography was so interesting, as I didn't know much about the Canadian Supreme Court or these two women that were the first to serve on it. This was definitely an interesting read that I recommend!

[Olena · Rating 5 out of 5]

I read this for an upcoming Women Lawyers Fund book club and LOVED it. Backhouse does a superb job of comparing 2 towering but totally different figures in Canadian jurisprudence. Would recommend to anyone who loves the law.