Debra sat silent
scanning the room and peering at the faces now peering back at her. In a few
moments, some would hail her as fair and just while others would view her as
biased and unfair. There were two sides representing two individuals with one
judge to determine the lesser of two evils. And of the spoils to be won, the
most important would be the satisfaction of a spite legitimized. Madam Justice
Debra Johnston was to decide this case although she wished to be anywhere else
at the time but here. After nineteen years as a family law lawyer, she was now
in her sixth year as a judge. As she continued staring out into the crowd whom
she knew were becoming impatient waiting on her decision, her mind began to
wander to places and faces in her past.
Debra was born in
the small town of Bay DeVerdi, Newfoundland. A fishing port of less than two
hundred people on the eastern tip of Canada, it had one grocery store and one
gas station. Although having many fond memories of her child hood there, Debra
could not recall any saddened feelings when leaving for college. She never
regretted leaving and had no desire to return. Her father was a fisherman while
her mother stayed home to raise her and her older brother James. But through
government regulations and from years of over fishing, it was hard to make
living being a Fisherman. One spring, Debra’s father had to find work out west.
He left one day on the train and he was never heard from again. The abandonment
had a profound effect on Debra as she carried the resentment towards her father
from that day on.
Her brother
James, being the man of the house, followed in his father’s footsteps as a
Fisherman and tried as best he could to provide for the family during such
harsh economic times. It was difficult but they made do with what they had. But
that resentment Debra carried only multiplied with each day she saw her family
struggle. It fuelled the fire inside her and gave her the resolve to one leave
this place in search of a better life. Yet fate was not finished doling out its
indiscriminate fate to her family. When Debra was 15, her brother’s fishing
boat was caught in a storm on the ocean. No one survived and the boat was never
found.
Graduating high
school with honours, Debra was accepted to the University of Toronto law program
where she also graduated at the top of her class. She paid her own way by
working several part time jobs while attending school full time. After
graduation, she started her own law firm and began accepting clients for family
law matters. Debra mostly represented women and soon earned a reputation for
being a fierce women’s advocate. She sat on all the right committees and made
all the right friends and soon Debra was lavishing in wealth and recognition. It
wasn’t long before advocacy for her clients was the furthest thing from her
mind. Winning and wealth soon became her only priorities. And she won often and
collected many fees. Debra’s star continued to shine and after nineteen years
as a lawyer, she was appointed to the bench as judge.
Six years of
presiding over separations, divorces, custody issues and monetary battles had
come to take its toll on her and Debra had slowly began to feel unsettled about
her chosen profession and the role she played in it. For many years she helped greedy, spiteful and
self-serving women destroy their ex partners leaving them in financial ruin and
without a shred of dignity in tact. For many years Debra had convinced and
coerced reluctant women into believing that they were victims and that these
mothers and their children should be compensated and looked after by the
automatic delinquent and derelict man. She convinced women that if the man
wanted a divorce, then he must have been using her. She convinced women that if
they wanted a divorce that it must be the man’s fault for not being a better
partner. She advocated conflict. At times, Debra would take male clients but
would never advocate for them in the same manner that she did with her female
clients. It was the only time she tolerated losing but always considered it a
victory for women. And of course, she still received her fees. And Debra, like
most of her other colleagues, was not above cheating, lying and fraud to win
her case. Often she and the other lawyer involved in a case would discuss the
process, outcome and even the total cost to their clients before the case even
went to court. It was the way things were done. And as a judge, she would sit
on the bench and say nothing while she watched many other lawyers employ these
same unsavoury tactics. Although never speaking publicly to anyone about it,
Debra was beginning to have difficulty justifying the philosophy, agenda and
the corruption of her family law institution. Perhaps it was from witnessing
first-hand the pressures and stress that are placed upon men in society and at
difficult times. Perhaps it was in bearing witness as to how far many women
would go to destroy the father of their children. Perhaps it was due to her
decision to retire at the end of the current court session. Perhaps it was her
loss felt by her mother’s passing earlier that year leaving her with no more
immediate family. And perhaps it was the recent news from her family physician
that she had developed a cancerous tumour on one of her kidneys. Whatever else it was, it
was her conscience telling her to set things right. But to do so would be to
turn her back on her colleagues, her profession, and her life’s work of
advocating for women. Debra sat at a crossroad knowing that her next decision
would either haunt her few final days left or set her free.
She continued to
peer around at the crowded court room. Everyone was clearly becoming impatient
for her decision as the once low murmurs became intensified. Where once two lawyers
would sit confidently having already predetermined the outcome, they sat
nervously looking at one another as if knowing something was not right. Debra
cleared her throat and finally began to address those in the courtroom. She
spoke about the law, its intentions and founding principles. She spoke of
philosophy and generally accepted practices. She talked about the changing
world and the role of parents and the stress placed upon children of divorce.
She engaged in the role of lawyers and judges and the complexities of weighing
the rights of each parent against the best interest of the child. For over a
half hour, Debra spoke about the law and how the legal system had been failing
families for too many decades and the consequences of that failure to society
as a whole. For the first time in a long time, she personally addressed each
parent as well as their respective legal counsels. She even spoke directly to
those in the courtroom who had come to show support for their respective
family. And then, and in great detail, Debra read her written decision.
It was difficult
to say whether the thunderous applause was louder than the groans of
disappointment. Somebody wins and somebody loses. The institution of family law
had progressed to a point where there was no changing that fact. Debra stood
up, left the courtroom and retired to her private office still hearing the
voices of decent and praise. And for the first time in her adult life as a
legal representative of the community, she knew that she had made the right
decision for the community. Now was a time of healing for the respective
parties, their families and the community as a whole. And it was a time of
healing for Debra. Ironically this healing process would begin for her at a
time when she was dying.
The changing
would be fought until finally embraced. It is the order of things. The laws
would eventually change and then the changing of perception and philosophy
would see those new laws upheld. The purpose of any law is in part, to assign
blame. Judge Debra Walsh left an institution in chaos on that day when she
assigned blame to everyone involved. No one was victorious and no one was
defeated on this day. No one lost nor gained, not even the lawyers. Nothing was
resolved and there was no closure. Yet in her heart, Debra knew that she had
acted for a proper purpose by placing the outcome back into the hands of those
who needed to learn that they must reap whatever they sow. It would be a hard
lesson for all to learn and it would take time. It always does!
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