The Honourable Renu Mandhane’s Questionnaire

Under the new judicial application process introduced by the Minister of Justice on October 20, 2016, any interested and qualified Canadian lawyer or judge may apply for federal judicial appointment by completing a questionnaire. The questionnaires are then used by the Judicial Advisory Committees across Canada to review candidates and submit a list of “highly recommended” and “recommended” candidates for consideration by the Minister of Justice. Candidates are advised that parts of their questionnaire may be made available to the public, with their consent, should they be appointed to the bench. The information is published as it was submitted by the candidates at the time they applied, subject to editing where necessary for privacy reasons.

Below are Parts 5, 6, 7, and 11 of the questionnaire completed by the Honourable Renu Mandhane.

Questionnaire for Judicial Appointment

Part 5 – Language

Please note that in addition to the answers to the questions set out below, you may be assessed as to your level of language proficiency.

Without further training, are you able to read and understand court materials in:

• English: Yes
• French: No

Without further training, are you able to discuss legal matters with your colleagues in:

• English: Yes
• French: No

Without further training, are you able to converse with counsel in court in:

• English: Yes
• French: No

Without further training, are you able to understand oral submission in court in:

• English: Yes
• French: No

Part 6 – Education

Name of Institutions, Years Attended, Degree/Diploma and Year Obtained:

MASTER OF LAWS, NEW YORK UNIVERSITY, SCHOOL OF LAW (2003)

JURIS DOCTOR, UNIVERSITY OF TORONTO FACULTY OF LAW (2001)

– Exchange to National University of Singapore (Spring 2001)

BACHELOR OF ARTS (WITH DISTINCTION), QUEENS UNIVERSITY (1998)

– Medial in Economics and English; minor in History

Continuing Education:

Honours and Awards:

THE TOP 25 MOST INFLUENTIAL LAWYERS, CANADIAN LAWYER MAGAZINE (2017)

GRANT’S DESI ACHIEVER AWARD, DESI MAGAZINE (2016)

J.S.D. TORY WRITING PRIZE, UNIVERSITY OF TORONTO FACULTY OF LAW REVIEW (2001)

SMITH LYONS ESSAY PRIZE, DALHOUSIE JOURNAL OF LEGAL STUDIES (2000)

DONNER CIVIC LEADERSHIP FELLOWSHIP, UNIVERSITY OF TORONTO FACULTY OF LAW (1999)

Part 7 – Professional And Employment History

Please include a chronology of work experience, starting with the most recent and showing employers’ names and dates of employment. For legal work, indicate areas of work or specialization with years and, if applicable, indicate if they have changed.

Legal Work Experience:

CHIEF COMMISSIONER, ONTARIO HUMAN RIGHTS COMMISSION (OHRC), TORONTO (October 30, 2015-October 29, 2020)

• Appointed by Lieutenant Governor General, on advice of the Premier and Attorney General of Ontario
• Exercise a broad statutory mandate under the Ontario Human Rights Code, responsible for ensuring the OHRC acts in the public interest, accountable to the Legislative Assembly of Ontario through filing of an annual report
• Provide leadership and strategic direction to a team of employees and part-time Commissioners; responsible for budget exceeding of approximately $5,000,000
• Approve, oversee and provide instructions on:
  • Applications to and interventions before the Human Rights Tribunal of Ontario
  • Public inquiries
  • Policies related to discrimination
  • Submissions to government
• Appear before Parliamentary and Legislative Standing Committees, Police Services Boards etc.
• Meet regularly with public sector, private sector, elected, Indigenous, and community leaders
• Cultivate support through coalition-building initiatives, social media engagement, public speaking, regional fact-finding tours and visits to First Nations communities
• Provide a principled and balanced perspective through regular media engagement
• Exercise judgment, discretion, and tact to effectively address critical and emerging issues involving myriad stakeholders, highly sensitive or confidential information, conflicting priorities, multiple deliverables, and tight timelines

EXECUTIVE DIRECTOR, INTERNATIONAL HUMAN RIGHTS PROGRAM (IHRP), UNIVERSITY OF TORONTO FACULTY OF LAW (2009-2015)

• As adjunct professor, led award-winning clinic that partnered law students with non-governmental organizations to enhance legal capacity and advance the field of international human rights law
• Co-counsel on interventions before the Supreme Court of Canada and on an application to the United Nations Human Rights Committee
• Appeared before the United Nations Human Rights Committee (Geneva) on Canada’s periodic review
• Published fact-finding reports
• Quoted regularly by Canadian and international media
• Sole professional staff responsible for strategic plan, budget, donor relationships

ASSISTANT DEAN, OFFICE OF THE ASSOCIATE DEANS, UNIVERSITY OF TORONTO FACULTY OF LAW (2008-2009)

• Worked closely with Dean on sensitive matters relating to curriculum, human resources, and stakeholder relations
• Managed senior lawyers in public interest co-curricular programs with a total budget of over $1,500,000

ASSOCIATE, SCOTT & OLESKIW, BARRISTERS AND SOLICITORS, TORONTO (2003-2008)

• Represented criminally accused persons, prisoners, complainants, and plaintiffs, before both courts and administrative tribunals
• Co-counsel on habeas corpus and Charter application, two successful “faint hope clause” jury hearings, a dangerous offender application, and for accused charged with serious offences (murder, hostage-taking, robbery with a weapon etc.)

STUDENT AT LAW, TORYS LLP, TORONTO (2001-2002)

• Completed rotations in corporate and litigation departments

Non-Legal Work Experience:

INTERN, ASSOCIATION FOR WOMEN’S RIGHTS IN DEVELOPMENT, TORONTO (2003)

RESEARCH ASSISTANT, JEAN MONET CENTER FOR INTERNATIONAL AND REGIONAL ECONOMIC LAW AND JUSTICE NEW YORK UNIVERSITY SCHOOL OF LAW (2003)

FELLOW, CENTRE FOR REPRODUCTIVE RIGHTS, NEW YORK (2002)

SUMMER STUDENT, POLICY BRANCH, MINISTRY OF GOVERNMENT AND CONSUMER SERVICES, GOVERNMENT OF ONTARIO, TORONTO (2000)

DONNER CIVIC LEADERSHIP FELLOW AND PUBLIC EDUCATION OFFICER, METROPOLITAN ACTION COMMITTEE ON VIOLENCE AGAINST WOMEN AND CHILDREN, TORONTO (1999-2001)

RESEARCH ASSISTANT, PROFESSOR PATRICK FRANCOIS, DEPARTMENT OF ECONOMICS, QUEENS UNIVERSITY, KINGSTON (1998)

Other Professional Experience:

List all bar associations, legal or judicial-related committees of which you are or have been a member, and give the titles and dates of any offices which you have held in such groups.

MEMBER, EXPERT PANEL SELECTION COMMITTEE, COURT CHALLENGES PROGRAM, DEPARTMENT OF CANADIAN HERITAGE, GOVERNMENT OF CANADA (2017-PRESENT)

• Sat on a five-person committee composed of senior government officials and experts on official languages and human rights
• Determined assessment criteria, interviewed over 70 applicants for two panels (Official Language Rights and Human Rights), arrived at decisions by consensus, and recommended a list of qualified candidates to the Minister

REPRESENTATIVE, CANADIAN ASSOCIATION OF STATUTORY HUMAN RIGHTS AGENCIES (2015-2020)

• Representative of the Ontario Human Rights Commission
• Chaired working group on implementation of the Convention on the Rights of Persons with Disabilities (2015-2017)

MEMBER, LEGAL COMMITTEE, PEN INTERNATIONAL (2014-2015)

Pro Bono Activities:

See above.

Teaching and Continuing Education:

List all legal or judicial educational organizations and activities you have been involved with (e.g. teaching course at a Law Faculty, bar association, National Judicial Institute, Canadian Institute for the Administration of Justice, etc.)

INSTRUCTOR

Adjunct professor, International Human Rights Clinic, University of Toronto Faculty of Law (2010-2015)

Instructor, National Judicial Institute, International Judicial Training Program, Domestic Application of International Law (2010-2011)

KEYNOTE SPEAKER

“Human rights, women and law” (Conversation with Professor Sonja Lawrence at Osgoode Hall Law School, Institute for Feminist Legal Studies, 2 February 2018)

“30 years of impact” (Lecture at International Human Rights Program, University of Toronto Faculty of Law, 14 September 2017)

“Segregation in Ontario” (Lecture at Annual Staff Conference of the John Howard Society of Ontario, 8 June 2017)

“Connecting criminal law and human rights” (Lecture at Criminal Lawyers Association of Ontario, 3rd annual Women in Criminal Law conference, 4 March 2017)

“Addressing systemic discrimination” (Lecture at Law Society of Upper Canada, 5th Annual Human Rights Summit, 6 December 2016)

“Human rights, creed and intersectionality” (Lecture at AGM of the Canadian Association of Muslim Women at Law, 21 November 2016)

“Human rights in policing” (Lecture at Annual Meeting of the Ontario Association of Chiefs of Police, 21 September 2016)

“Human rights in the workplace” (Lecture at First Reference Employment Law conference, 21 June 2016)

“Building human rights for the profession and community” (Lecture at 10th Anniversary Gala of the Arab Canadian Lawyers Association, 8 June 2016)

“Being leaders in access to justice” (Lecture at Ontario Bar Association, Annual Update on Human Rights, 30 May 2016)

“Human rights and community legal clinics” (Lecture at AGM of the Association of Community Legal Clinics of Ontario, 27 May 2016)

“Connecting access to justice and human rights” (Lecture at 20th anniversary gala of Pro Bono Students Canada, 13 May 2016)

“Connecting access to justice and human rights” (Lecture at Flip your Wig gala of the Law Society of Upper Canada, 26 February 2016)

“Being a human rights champion” (Lecture at 10th anniversary gala of the South Asian Bar Association, I December 2015)

PANELIST, PRESENTER

“Systemic discrimination in the criminal justice system” (Panelist at Annual Provincial Crown’s Conference, Ministry of the Attorney General (Ontario), 24 May 2018)

“Best practices towards a diverse judiciary” (Panelist at lunch and learn series of the Ontario Judicial Appointments Advisory Committee, 25 April 2018)

‘Racial profiling” (Panelist at fall conference of the Crown Law Office (Ontario), 17 December 2017)

“Police investigations and questions of racialism” (Panelist at Law Society of Upper Canada, Special Lectures: The Charter at 150, 28 November 2017)

“Race and identity at Canada 150” (Panelist at 30th anniversary of the Chinese and South Asian Legal Clinic, 10 October 2017)

“Ontario’s proposed street check regulation” (Panelist at Canadian Institute, 7th annual conference on the Law of Policing, 15 June 2016)

“Holding government to account” (Panelist at conference of the Canadian Association of Elizabeth Fry Societies, 3 June 2016)

“Human rights law and practice in Ontario” (Panelist at tiered passport learning services, Legal Services Division, Ministry of the Attorney General (Ontario), 19 February 2016)

“Human rights fact-finding” (Presentation at annual conference of the Association of Canadian Clinical Legal Education, annual conference, 2015)

“Investment arbitration and human rights” (Workshop presentation at Columbia University Center on Sustainable Investment, 2014)

“Domestic application of international law” (Presentation at annual conference of the International Association of Law Librarians, 2012)

“Child abuse – concurrent criminal and protection proceedings” (Panelist at Law Society of Upper Canada, Child Protection File Best Practices, 2007)

Community and Civic Activities:

List all organizations of which you are a member and any offices held with dates.

MEMBER, CANADA COMMITTEE, HUMAN RIGHTS WATCH, TORONTO (2010-2020)

MEMBER, BOARD OF DIRECTORS, JOURNALISTS FOR HUMAN RIGHTS, TORONTO (2010-2013)

MEMBER, BOARD OF DIRECTORS, ELIZABETH FRY SOCIETY OF TORONTO (2008-2010)

MEMBER AND CHAIR, BOARD OF DIRECTORS, NELLIE’S WOMEN’S SHELTER, TORONTO (2003-2005)

VOLUNTEER TUTOR, PATHWAYS TO EDUCATION, REGENT PARK-TORONTO (2002-2003)

MEMBER, BOARD OF DIRECTORS, METROPOLITAN ACTION COMMITTEE ON VIOLENCE AGAINST WOMEN AND CHILDREN, TORONTO (2001-2002)

VOLUNTEER, SEXUAL HEALTH RESOURCE CENTRE, QUEEN’S UNIVERSITY, KINGSTON (1996-1998)

VOLUNTEER, CANADIAN RED CROSS, CALGARY (1998)

Part 11 – The Role Of The Judiciary In Canada’s Legal System

The Government of Canada seeks to appoint judges with a deep understanding of the judicial role in Canada. In order to provide a more complete basis for evaluation, candidates are asked to offer their insight into broader issues concerning the judiciary and Canada’s legal system. For each of the following questions, please provide answers of between 750 and 1000 words.

1. What would you regard as your most significant contribution to the law and the pursuit of justice in Canada?

For the past 15 years, I have played a central role in protecting the human rights of people who are incarcerated and improving correctional services. I have pursued policy and legislative changes to protect human rights, conducted research that sheds light on systemic issues, and represented prisoners before courts and tribunals. I have brought public attention to the discrimination faced by female and Indigenous prisoners, prisoners with mental health disabilities, and immigration detainees. Throughout, I have demonstrated leadership, creativity, diligence, bravery and an unrelenting focus on impact. Along the way, I have built and sustained relationships with diverse stakeholders including prisoners, unions and staff, management, government leaders, lawyers and advocacy groups.

As Chief Commissioner of the Ontario Human Rights Commission (OHRC), I have quickly become a leading voice on efforts to reform solitary confinement. I have demonstrated a willingness to roll up my sleeves and meet directly with prisoners to understand their situation and amplify their concerns. I assisted with submissions to inform government reform efforts, visited provincial jails and correctional centres, obtained statistical data to prove systemic over-reliance on solitary confinement, and revealed the shocking treatment of Adam Capay who was held in solitary confinement on remand for over 4 years in the Thunder Bay jail. As a result, the Ombudsman for Ontario launched an investigation into pri