New Judges

By R.C. Tino Bella

The Honourable Judge Emmet Duncan

On December 21, 2020, Emmet Duncan was appointed to the Provincial Court of British Columbia. He has been assigned to the Fraser Region with chambers in Surrey.

Emmet’s swearing-in ceremony occurred on January 11, 2021. Given that it was held during the COVID-19 pandemic, it was a quieter affair than the normal swearing-in ceremonies in more normal times. Only close family (including Emmet’s wife Angela and their three children Avery, Atticus and Isla; his parents Margaret and Clive; his siblings Gareth and Fiona; and his brother-in-law Mike Pajic) and Associate Chief Judge Dohm were allowed to join in person.

However, many family members, friends and colleagues were also able to join virtually for this important event. Although Emmet’s swearing-in ceremony was physically attended only by a small number of people, his welcoming ceremony on May 20, 2022, held at the Surrey courthouse and presided over by Associate Chief Judge Dohm, was the opposite, reflecting the respect and esteem in which his family, friends and colleagues hold him.

Associate Chief Judge Dohm’s role in Emmet’s welcoming ceremony seemed very fitting given their longstanding connection. They had met more than 15 years earlier in the Crown office at 222 Main Street, when Emmet was a new prosecutor. Associate Chief Judge Dohm was a prosecutor before his appointment to the Provincial Court in late 2005.

Emmet was born in Vancouver. His parents were born and raised in Ireland, and they met as students at University College Dublin. They moved to Canada a couple of years before Emmet was born. Emmet’s parents were both academically motivated, and his father decided to start his career in

orthopaedic medicine in Vancouver, so the family put down their roots and settled in that city.

When Emmet was born, his mother dedicated herself to the family by supporting Emmet’s father in his career and raising their three children at home. Emmet and his younger sister Fiona became extremely close, in part because they are “Irish Twins”, born only 11 months apart. Emmet and his brother Gareth attended Vancouver College throughout elementary and high school. While attending Vancouver College, Emmet made many lifelong friends, some of whom he first met in grade 1, and who joined him at his welcoming ceremony.

What is apparent when you meet the Duncan family is that its members are all very tightknit, supporting each other through life’s ups and downs and always showing up for each other when needed.

During his youth, Emmet’s parents taught him the value of hard work, giving back to one’s community and empathy. His family would have Sunday night dinners in their dining room and discuss and debate current topics ranging from local current affairs to world politics. These discussions and his education led him to become very involved at school. He was the president of the student council and the valedictorian of his grade 12 class. He was particularly interested in Canadian politics and even signed his grade 12 yearbook “Look for me at 24 Sussex”, although he now claims that all he meant was that he wanted to visit that storied home and take a selfie. A skilful crossexaminer might point out that selfies were not invented until much later.

As much as his family and close friends respected Emmet’s interest in politics, they secretly thought he was too compassionate and too empathetic to ever be a political leader. They were relieved that over time, and especially while at university, Emmet’s interest in politics waned, and he discovered his love of the law.

After Emmet graduated from Vancouver College, he attended UBC where he obtained a bachelor of arts degree with honours in 1994, focused on the history of Indigenous peoples in British Columbia. Emmet is a voracious reader and writer, and he says that it was here, during his time at UBC, that he truly became a “critical thinker”.

After his B.A., Emmet attended McGill University in Montreal and obtained his bachelor of laws in 1997. In addition to the school’s reputation, there was something about this beautiful city that enticed him. He immersed himself in Montreal’s culture and life during his three years at McGill. Emmet was on the Great Distinction and Dean’s Honour List every year. He was third in his class and upon graduation received several awards, including the F.R. Scott Prize in Constitutional Law.

More importantly, and just like in every chapter in his life, Emmet made lifelong friends at McGill as well. Today, his biggest source of daily distraction is a chat group with more than a dozen friends from those days.

Law school ignited a passion in Emmet that required more education and more critical thinking, so he returned to UBC to follow that curiosity, obtaining a master of laws in 1998, studying under the great Professor John Borrows. His curiosity and thirst for knowledge were fulfilled while he researched and ultimately wrote and published his thesis exploring the incorporation of Indigenous perspectives and norms into the Canadian legal system.

Emmet then worked at Davis & Company (now DLA Piper) (“Davis”) for four years, first as an articled student and then as an associate. He was called to the bar of British Columbia in September 1999. He worked with several lawyers who mentored, guided, encouraged and supported him. Some of them later became judges of the Provincial and Supreme Courts as well as the Court of Appeal.

Emmet gravitated toward the Aboriginal law practice at Davis and in that small group became very good friends with senior lawyers who became cherished mentors, including Mike Carroll, K.C., Malcolm MacLean and Kathryn Denhoff. Emmet is now thrilled to call the latter two colleagues again on the Provincial Court.

Emmet established himself as a well-respected and accomplished lawyer at Davis.He practised in the general litigation department, which included complex Aboriginal litigation, bringing him into the B.C. Supreme Court, into the Federal Courts and, memorably, an opportunity to work with two of his mentors in a case at the Supreme Court of Canada.

Emmet left Davis in 2002 to better his craft as a litigator and to reconnect with his own philosophy of helping and serving others. He worked in the public sector as Crown counsel for six years, conducting many trials and cocounselling on many serious prosecutions. His love of the law was rekindled in a way that was exciting to him, and many lawyers have described him as excelling at this craft. His sense of fairness and justice were always at the forefront of his criminal law practice. He was extremely well respected by all participants in the criminal justice system, including defence counsel, court staff, sheriffs, accused persons and judges.

In 2008, Emmet sought a new challenge in his career. When asked by criminal defence counsel, Jonathan J. Israels, if he wanted to share office space and hang up his own shingle, Emmet decided that going into private practice and being his own boss was a new chapter in his life that he would like to explore. He opened his own criminal defence firm, Emmet J. Dun-

can Law Office. Upon his departure from the Crown Counsel office, this was written about him:

As everyone who has worked with him is well aware, Emmet is one of our best and brightest Crown Counsel. Through his combination of legal skill, dedication and unselfish attitude he has fulfilled his role to the highest standard and has made a huge contribution to every Crown office he has worked in …. While Emmet’s departure is a big loss for us, we can take consolation in two things. First, he is leaving to pursue a type of practice that he will find fulfilling and at which he will excel. Second, although we have lost a prosecution colleague, we have gained a trusted and respected defence adversary, as well as a go-to ad hoc prosecutor for difficult cases.

And thus, there was no lack of clientele for Emmet. Not only did he have his own professional reputation to rely on, but he also had many referrals from his former colleagues at the Crown. And while he did hang up his own shingle, due to the respect he garnered at the Crown he was also retained as ad hoc Crown counsel for the Criminal Justice Branch in two regions in the Lower Mainland during this time.

Emmet also found time to give back to the community. He participated with many organizations and on many committees, including the Trial Lawyers Association of British Columbia and the CBA Vancouver Criminal Law Subsection, teaching in UBC’s Advocacy course and being a mentorlawyer in the UBC Criminal Law Clinic. During his time with the UBC Criminal Law Clinic, he took on articled students and supervised them in real court settings. He gave back to the community by mentoring and supporting the younger lawyers, just as he had been mentored and supported throughout his career at both Davis and the Crown.

Emmet’s appointment to the Provincial Court reflects his love of working both independently and as part of a team. As described earlier, this has been reflected in his career choices over the past 20 years: first working as an articled student and then young associate at Davis, then moving to the Crown office, where the opportunities to work independently or as a member on a prosecution team existed, and finally working as a defence counsel on his own but sharing office space with other criminal defence lawyers and many students and associates whom he mentored.

Emmet attributes much of his success on this journey, from lawyer to judge, to the unwavering commitment and support of his wife, Angie. She is his biggest cheerleader and most important confidante. Her family has its own unique and compelling history, which he finds both humbling and inspiring. He credits the fact that she carried the load countless times, which allowed him to spend the many hours required during his years of public service and private practice to give to his work, his clients and his community as much as he was able to do.

Emmet’s desire to be part of a team is how he first met Angie. He was introduced to her by his softball teammates. It also seems fitting that with their three children, Emmet and Angie now have their own team atmosphere that Emmet loves and enjoys so much. Coming full circle, Emmet and Angie are now busy carpooling their three children to and from all their team sports and activities that they too have grown to love.

True to his nature, during his swearing-in ceremony, Emmet made note of the fact that he was very grateful to the many people in his life who have mentored and supported him during his legal career, and that without them, he may not have experienced the incredible journey to his new position of Provincial Court judge.

As one judge noted, “What really makes Emmet stand out as a candidate for appointment is his inherent sense of fairness and balance which he is able to maintain even in the most difficult situations … As a prosecutor he embodied the role of Minister of Justice, remaining objective at all times, and as defence counsel he is able to advocate forcefully and effectively for the accused’s interest while still treating all of the participants in the process with respect. I think he would preside over a courtroom as a judge in that same thoughtful, civil and humane matter. In essence, he sees the big picture in the justice system and knows that everyone has their story to tell, one that needs to be fully heard and understood.”

Emmet has been sitting on the Provincial Court bench for almost two years now. During that time, he has already established himself as a patient, fair and hardworking judge.

The Honourable Judge Nina Purewal

To many, Judge Harinder Nina Purewal’s appointment to the Provincial Court seems like a natural step forward in her impressive legal career. But for Nina, it was anything but natural. Born in 1980 in Surrey to first-generation Canadians from India, Nina had to pave her own way. In addition to the linguistic and cultural barriers that face many immigrants, Nina’s parents contended with longstanding health issues. Growing up in Duncan and Langford, Nina had to help her family in ways that many

of her peers did not. Despite this, Nina managed not only to excel academically, but also to be involved in extracurricular activities—including, notably, a 1998 performance in a Spice Girls cover band.

After graduating high school, Nina chose to stay close to home and attend the University of Victoria, where she could continue to support her family. At UVic, she completed a bachelor of arts degree in political science in 2002 and a bachelor of laws degree in 2005. During her studies, Nina continued her superwoman trajectory. The truth is that Nina was and is one of those people whose schedules make you want to take a nap. In addition to her academic and professional feats, she cooks, exercises and parties. In a letter to a friend during her first year of undergraduate studies, Nina explained that while her peers were distracted by attention from “all the new guys”, she, on the other hand, “barely [had] time to breathe” with “work, volunteering, & school”. Frankly, the rest of us were a little relieved that she too found her schedule exhausting.

Nina did not have lawyers in her family and instead came to a career in law from a true passion for justice. As a racialized woman with family living in India, Nina is deeply aware of the inequities in this country and abroad. She has devoted countless hours to important social causes, including most recently as a member of the boards of the Society for Children and Youth of BC, Continuing Legal Education Society of British Columbia and West Coast LEAF. Nina also volunteered for justice initiatives internationally, including from 2010 to 2011 in Dar es Salaam, Tanzania for the Tanganyika Law Society. It was Nina’s commitment to substantive justice that led her to apply for an appointment to the bench.

Nina began her legal career in 2005 as a civil litigator, first in Victoria and then in Vancouver, focusing on personal injury, helping those who had been injured to receive fair compensation. In 2009, she left private practice to work at Pivot Legal Society, where she practised poverty law, advancing the interests of the most vulnerable, including as criminal defence counsel. From 2011 to 2013, Nina went back to academia to pursue a master’s degree in International Human Rights from the University of Oxford. While completing this degree, Nina worked full-time as an advocate for the BC Representative for Children and Youth in Vancouver. Soon Nina was ready for a new challenge—she left urban living for the rural northwest of this province and joined the BC Prosecution Service.

When she first joined the Crown in 2013, Nina faced a steep learning curve, having limited experience with criminal prosecutions. Thankfully, she was a quick study and soon had carriage of complex and serious matters, including child sexual abuse and homicide files. Nina became a

resource to her colleagues on jury trials and digital evidence and was the one we called in a panic for ideas for cross-examination on our 15-minute court break. After only a few years, in 2015, Nina was appointed as Administrative Crown Counsel of the Smithers office. In 2020, she was promoted to Deputy Regional Crown for the Northern Region, responsible for supervising Smithers, Williams Lake, Prince Rupert and Prince George offices. She also managed the implementation of a region-wide virtual bail project.

As a mentor and supervisor, Nina drew upon both her experience as defence counsel and her rigorous academic training in human rights. When colleagues asked her opinion on an overly punitive bail or sentencing position, Nina would put down her notepad, look them in the eye, and say sharply, “Pretend you’re defence counsel. Pretend that was your client. What would you say?” Nina took the precepts of Gladue seriously and was often heard reminding her colleagues, “The accused is Indigenous—do you really need to send him to jail?!”

The hallmark of Nina’s mentorship style was extreme trust in her colleagues. She would assign you a trial that seemed out of your league but would tell you that you could do it and then, miraculously, you could and you did. Nina’s confidence was and is contagious. Nina also embodied her human rights background in her role in management. When one of her colleagues was worried about applying for a role at Crown while also trying to conceive a baby, Nina responded, “What? Didn’t you study human rights law? A pregnancy shouldn’t hold you back.” And true to her word, Nina made sure it did not.

In northern British Columbia, Nina was a trailblazer. She was one of very few senior female litigators of colour. Nina stood out both as a “brown girl” and as a sharp dresser—for departing from the rural dress code of flannel and Blundstones with her high heels and pencil dresses. Despite her impeccable style, Nina would often be asked if she had to come to Smithers to work at the Subway restaurant like the other Indian newcomers in town. At least outwardly, Nina never let this shake her confidence. For example, when Nina met the older white male lawyer who came to the Smithers Crown office to work as an ad hoc Crown, he asked her: “And who are you?” Without missing a beat, Nina replied: “Your boss.” The ad hoc Crown laughed and said, “Oh we’re going to get along just fine.” And they did. Because Nina is very likeable and has the best snort laugh, which she uses liberally.

Thanks to her sharp legal mind and likely also to that affable snort laugh, Nina has received many accolades for her successes—for example, a Crown Counsel Leadership Award in 2018, a BC Public Service Leadership Award

in 2018, and a Queen’s Counsel appointment in 2020. However, to us, what is more impressive is that this successful person lifts up the people around her. Nina shows us that the impossible is possible. She encourages us to be better versions of ourselves: to apply for post-secondary studies, to seek that promotion, to change careers, to travel and adventure, and to give back to our communities. She is loving and harsh at the same time, telling us how it is and how it should be, but for our own betterment. She is fiercely devoted to those she cares about. She is our lifelong friend and the auntie to our children. Her successes are our successes. We know that even though she sits up on a dais, Judge Purewal is one of us, a true member of “the People’s Court”. We are proud of you, Judge Purewal.

Independent Neutral Commercial Arbitrator

who will understand your business dispute

Leslie E. Maerov, FCIArb., Q.Arb.

40 years experience as: Litigator & commercial lawyer Domestic & international arbitrator Executive of public companies Director & Interim Chair of BCICAC National-level baseball umpire Former Chair and director of VanIAC • Litigator & commercial lawyer • Domestic & international arbitrator • Executive of public companies • Former Chair and director of VanIAC • National-level baseball umpire • (the ultimate neutral) 604.716.5244

lemaerov@maerov.com www.maerov.com