CABL president appointed to the Ontario Court of Justice
November 9, 2020
Lori Anne Thomas had many reasons to give up on her dreams of becoming a high achiever.
She didn’t and surmounted every barrier, making it all the way to the Ontario Court of Justice as the province’s newest judge just 11 years after being called to the Bar.
“I was in a little bit of shock, but obviously very elated,” said the Canadian Association of Black Lawyers (CABL) president and sole practitioner in criminal defence (as she was then). “In fact, I was so overwhelmed by the outpouring of well wishes that I had to pull back and decompress for a few hours.”
CABL co-founder Patricia DeGuire nominated Thomas for the organization’s presidency.
“She has a passion for law, she has a good heart and she’s aware of the issues plaguing the Black community,” said the 2020 Canadian Bar Association Touchstone Award recipient. “She has the cultural sensibility and understanding to make a positive impact on the Bench.”
The new judge has appeared before the Court of Appeal and the Ontario and Superior Courts of Justice and served on the Criminal Lawyers Association Board the last five years. She has also been a course developer and instructor at the Ryerson Law Practice Program since 2018.
Without the support of her immigrant father who hasn’t been part of her life since she was five years old, Thomas’ mom worked two jobs to provide for herself and only child.
Due to her mother’s difficulty with bipolar disorder, she left home at 17 and lived on student welfare. When she found a full-time evening job, she was unable to complete her last few courses since the high school couldn’t accommodate her schedule.
“I looked at the situation as it was my thing to deal with and I shouldn’t be bothering anyone at my school,” said Thomas who was born in Mississauga and raised in North York. “I ended up working at night and the school didn’t allow me to take a few classes at a time. I figured I would wait until I got a day shift and return to high school at night, but that didn’t happen.”
Instead, she enrolled part-time in university as a mature student.
In her second-year in law school at Osgoode Hall, Thomas’ mother succumbed to cancer.
“I was loved extremely by her when she was well,” said the winner of the 2008 Dean’s Gold Key Award presented to graduating Osgoode students who have made significant contributions to the school. “When the bipolar disorder was under control, she started suffering from breast cancer. Whenever mom was happy, she became speechless. When I told her I got into law school, that gave her a bit of comfort to know that she didn’t have to worry about me in the future. With me becoming a judge, she would have been so proud. It would have been so overwhelming for her.”
Sarah Mason-Case, an Adjunct Professor at the University of Toronto Faculty of Law who teaches Critical Race Theory and the Law, is confident that Thomas’ transition from the practice of law to serving as a judge will be seamless.
“Lori Anne has advocated for her clients and sought to correct the structural causes of the disproportionate policing and incarceration of Black and Indigenous peoples of Canada,” she pointed out. “She also reaches out to encourage racialized lawyers to join representative bodies, including the Law Society of Ontario and the judiciary. In addition to the need for more Black judges in Ontario and Canada, she brings her particularly rich experience fighting for racial justice and justice for persons living in poverty and with mental health concerns. While she will no doubt be impartial in the cases before her, Lori Anne will bring her experiential knowledge and empathy to her future work as a judge.”
Thomas’ first career choices were teaching and youth psychologist.
While employed at Harlequin Enterprises Ltd. and pursuing her undergraduate degree, a colleague encouraged her to consider law as a career.
“I was into things like politics and news and I mentioned to her that law is something I might be interested in,” said Thomas who also worked at Rogers. “I however thought it was not in my reach, but she really went out of her way to show me it was possible.”
Justice Lori Anne Thomas (Photos contributed)
Becoming a judge in Canada isn’t easy.
Thomas feels her 11 years as a practicing lawyer, which is just over the minimum requirement to become a judge, will serve her well on the Bench.
“When you grow up in an area and you don’t have access to privileged people, you have a different sense of things,” she said. “There’s the people that I represented and those that work in the courthouse who all have so many different experiences. Law shatters any perceptions you have of another kind of person. There’s so much commonality and yet differences all at the same time and you get to appreciate the many different people. I think that will help me when it comes to being on the Bench in Toronto.”
Retired Senior Court Judge Greg Regis is convinced Thomas will excel in her new position.
“Lori Anne is a balanced and caring person, qualities which will make her an excellent judge,” he said. “I have seen her apply these qualities many times as a defence lawyer to the benefit of her clients. Ontario is lucky to have her join the court as she will be an asset to the justice system and the cause of justice in Canada.”
Frank Walwyn who was named one of Canada’s top lawyers in the area of corporate and commercial litigation in the 2012 edition of ‘The Best Lawyers in Canada, said Thomas’ legal knowledge coupled with her life experiences provide Ontario with a unique judge who will make a difference on the Bench.
“Justice Thomas will bring a wealth of legal experience to the Bench, complemented by her practical and down-to-earth approach to resolving legal issues,” added the CABL longest serving president.
Arleen Huggins, who served as CABL president from 2013 to 2015, said Thomas will make an excellent judge.
“She has always been an excellent advocate for her clients and she will bring the same superior skills and knowledge of the criminal law to the judiciary,” the law firm partner pointed out. “She will also bring to the Bench the lived experience and perspective of a Black woman and an intersectional understanding of the impact of institutionalized racism within the criminal justice system and upon individuals.
“Through her work as CABL president and her mentoring, Lori Anne has been and shall continue to be a wonderful influence and role model for other lawyers and law students. With her appointment, she shall now be a role model for those individuals who come before her court and an excellent resource to her judicial colleagues at a time when the judiciary is undertaking the journey to understanding equity and diversity issues and how they impact upon judicial decision making.”
Thomas is the third CABL president to become a judge.
Phillip Sutherland, who served from 1998 to 2001, was appointed to the Superior Court of Justice in February 2015 while Michael Tulloch’s term was cut short in 2003 when he became a Superior Court judge. In June 2012, he became the first Black legal professional to sit on the Ontario Court of Appeal.
Acknowledging others who have assisted on her journey is something that Thomas doesn’t take for granted.
They include former CABL presidents and mentors, including defence lawyer Greg Lafontaine and Justices Enzo Rondinelli and Nyron Dwyer.
“I have known Lori Anne for 18 years and all of the traits that made her a great and well-rounded advocate were present then,” said Dwyer who was appointed to the Ontario Court of Justice in October 2015. “She was hardworking and devoted to helping others at work and in her personal life. She was also involved in community and charity work as a natural part of her life. Her desire to be a lawyer was rooted in that desire to help. Her personal story of overcoming obstacles with grace and her skill and achievements as a lawyer, mentor and worker for justice and inclusion is an inspiration. Though she makes it look easy, she was willing to do the tough work of clearing the brush for others.”
To whom much is given, much is expected and Thomas gives back in a big way.
She has assisted under-represented parties as a volunteer lawyer for the Summary Conviction Appeal program and volunteers with Out of the Cold and Meals on Wheels.
“People were always very giving with me and my mom,” Thomas said. “It’s something that I do with my friends, especially those out of law, as part of socializing. I believe that if you have the ability to give back, you should. I went from a child being labelled as ‘underprivileged’ in a Catholic Children Aid Society’s newsletter to going to law school and being told I am privileged. That made me realize I have a duty to pay it forward.”
Assigned to Toronto, she started her new role on October 22.
