Of the 27 people who clerked the same year she did at the Supreme Court, only one other is in the criminal law field and he is a federal Crown, says Dann. The decision for her was not complicated. “I always thought it was the most interesting area. It was the greatest opportunity to put into practice what we studied,” she says. In less than 10 years as a practising lawyer, Dann has appeared at the Ontario Court of Appeal dozens of times and the Supreme Court on six occasions, something that might not have happened if she practised in another area of the law.

The reasons for continuing with criminal defence are straightforward, according to Thomas. “I am now at a point where I can say I don’t want to do that case. I can give it to younger lawyers. Doing what you enjoy makes much more sense. I did not go to law school to be on Bay Street. And it is exhilarating when you conduct a cross-examination that goes well. There is a reason that most legal television shows are about the criminal law,” she says.

Maternity leave benefits

Law Society of British Columbia

A loan program offering up to $8,000. It is available to sole practitioners or firms of up to five lawyers. It is an interest-free taxable benefit that must be repaid within four years. It is not available to lawyers with access to any maternity benefits beyond that of government programs. The loans are intended to cover overhead expenses and not as a substitute for income.



Law Society of Ontario

A sole practitioner or someone in a firm of five lawyers or less is eligible to receive a maximum of $9,000 over 12 weeks under the Parental Leave Assistance Program. To be eligible for PLAP, the applicant must have an annual net practice income (before taxes) of less than $50,000. As well, the applicant cannot have entered into the federal EI special benefits program or be receiving any private maternity benefits. A lawyer “must cease to engage in remunerative work and to practise law” while receiving benefits, the law society states. The purpose of the plan is to assist with overhead costs. In 2015, 37 members were paid a total of $246,750, 23 were paid a total of $173,250 in 2016 and 22 were paid a total of $168,750 in 2017. There were 49,048 licensees in Ontario as of Nov. 2015, 20,342 of which were female.



Ontario Crown Attorneys Association

Under the terms of its collective agreement, a female Crown attorney is entitled to a maximum of 52 weeks of combined pregnancy and parental leave. During pregnancy leave and the parental leave, a member is entitled to receive a payment under its supplemental employment benefit plan to top up EI benefits. The payment is an amount equal to what would bring total compensation during the leave period to 93 per cent of the lawyer’s weekly pay.



British Columbia Crown Counsel Association

Pregnancy and parental leave benefits fall under the terms of the provincial Public Service Act. It provides for a maximum combined leave of 52 weeks. During pregnancy leave, there is a top-up of up to 85 per cent of salary. During parental leave, it is up to 75 per cent of salary.



Sources: Law Society of BC, Law Society of Ontario. Ontario Crown Attorneys Association/Association of Law Officers of the Crown collective agreement 2013-17, BC Crown Counsel Association collective agreement (2007-17)

By the numbers