I chose law, because I was concerned about inequality in society. I wanted to make a difference, and I have spent most of my adult life trying to achieve that objective. Inequality is injustice, it’s just that simple. We all have an obligation to do what we can to ensure equality for all.
The Honourable Catherine Fraser of Edmonton paved the way for greater equality in the courts of Canada and around the world. As the first woman appointed Chief Justice in any Canadian province, she dedicated 30 years to improving the fair and equal delivery of justice and defending the rule of law. Her leadership in judicial education made an enduring impact domestically and internationally. A lifelong advocate for inclusive justice, Catherine has been a role model and leading voice for equality in Canada.
Catherine Anne Elias was born August 4, 1947, in Campbellton, NB, to Antoine and Anne Elias. Her parents were first-generation Canadians, their families having immigrated from Lebanon and Ukraine, respectively. Her parents met in Edmonton during World War II when Antoine was stationed at Namao Air Force base. They married in 1946, settling in Antoine’s hometown where they raised their children: Catherine, Michael, John and Cynthia. In 1958, the family moved to Anne’s hometown, Edmonton. “In my family, debate around the dinner table was lively,” says Catherine. “Having been born to immigrants to this country, my parents instilled in all of us as children the importance of treating everyone fairly and equally.”
Even before high school, Catherine knew she wanted to become a lawyer. “I wanted a voice that could not be readily dismissed. I viewed the legal profession as one of the most important vehicles for societal change. It still is,” she says.
Other factors influenced Catherine’s chosen career. It was the 1960s, she adds. “We were just beginning to understand the real costs of discrimination and how it unfairly denied people, including women, their rightful place in society. Law was definitely calling me.” In 1965, Catherine began her studies at the University of Alberta in Arts. She met first-year law student Richard Fraser in a political science class. They married in 1968 with their children Andrea and Jonathan joining the family later.
Catherine received her Bachelor of Arts in 1969 and Bachelor of Laws with Distinction in 1970. She was awarded the prestigious George Bligh O’Connor Silver Medal in Law. In addition, she prophetically received The Honourable Clinton J. Ford Moot Court Shield: Ford was Alberta’s fifth Chief Justice of Alberta. Despite earning four additional awards and two scholarships, Catherine faced challenges after graduation.
“As a woman, it was a hurdle just to get an articling position,” she says. “The situation brought home the on-the-ground consequences of discriminatory conduct. And how much needed to change, including the legal profession itself.”
As it turned out, she landed a spot articling for Joseph Stratton, QC, her mentor, future law partner, and, later yet, colleague on the Alberta Court of Appeal. While articling, she taught a course on Women and the Law, one of the first in Canada.
After her admission to the bar in 1971, Catherine and Richard pursued their Master of Laws at London School of Economics and Political Science, graduating in 1972. Following their return to Edmonton, Catherine practised law (1972 -1989) with what is now DLA Piper, focusing on corporate and commercial law.
Throughout the 1970s and 1980s, Catherine was a speaker for several groups on a wide range of topics, including matrimonial property law, employment law and human rights. As a young lawyer, she travelled to various communities speaking to community groups to build support for a more equitable matrimonial property regime in Alberta, eventually implemented in 1979.
In 1983, Catherine was appointed Chair of the Public Service Employee Relations Board and Queen’s Counsel. Her judicial career began with her appointment to the Alberta Court of Queen’s Bench in 1989. Two years later, she was appointed to the Alberta Court of Appeal. The very next year, in 1992, she was appointed Chief Justice of Alberta and Chief Justice of the Court of Appeal of the Northwest Territories, making her the first woman appointed Chief Justice of any province in Canada. At age 44, she was also the youngest person appointed Chief Justice of Alberta. With Nunavut’s creation in 1999, she was also appointed Chief Justice of the Nunavut Court of Appeal.
During her tenure as Chief Justice, Catherine held several key roles on the Canadian Judicial Council. She was the first to advocate for expanding judicial education to include social context issues, such as gender equality, racial and ethnic equity, and Aboriginal justice. “To judge fairly requires that judges understand the world around us. That includes understanding people from diverse backgrounds and the reality of their lives,” she says. As a member of Council’s Special Committee on Equality in the Courts, Catherine was instrumental in Council’s decision to endorse social context education as an essential component of all judges’ education in Canada. She also served on the Board of Directors of the Canadian Institute on the Administration of Justice and the Board of Governors of the National Judicial Institute where she supported similar efforts.
Catherine’s commitment to furthering judicial education was not confined to Canada. She worked on international initiatives to promote key democratic principles including judicial independence, the rule of law and protection of human rights. She has participated in judicial education initiatives in Australia, New Zealand, England, India, Pakistan, Sri Lanka, Serbia, Croatia, Taiwan, Zimbabwe and the Palestinian Territories.
Through her clear and compelling judgments, impressive in number, range and content, Catherine made a significant contribution to the evolution of the law in Canada. For example, prominent decisions ensured the full promise of constitutionally guaranteed equality rights. Those on the division of powers between the federal and provincial governments forcefully defended this key constitutional principle underlying Canada’s creation. Her powerful dissent in the Lucy the Elephant case, exploring the potential scope of animal rights in Canada, was ground-breaking in the emerging field of animal law.
A common theme running through her decisions is a deep understanding of people, the complexities of their lives and the broader public interest. “I have always believed that the application of law to life should actually produce justice, and that is justice for all, not just those for whom the system already works well. I have done my best to ensure that this is so,” she says.
To improve responsiveness and accountability to the public, Catherine also reformed court governance and processes in Alberta, making Alberta a national leader in court administrative reform.
As a long-time member of the Canadian Branch of the International Association of Women Judges, Catherine supported international advocacy for respect for human rights and preservation of the rule of law. “Today, more than ever, there is a crucial need for lawyers and the courts to continue to be the iron backbone of democracy, a bulwark against tyranny,” says Catherine. “The rule of law is not invulnerable. It is always under threat.” As Chief Justice, Catherine robustly protected the rule of law nationally and internationally.
In the words of Justice Sheilah Martin of the Supreme Court of Canada: “Catherine is a once in a generation Albertan who has tirelessly and selflessly devoted herself to the cause of justice in Alberta and abroad.”
In 2022, Catherine retired, three decades after she was appointed Chief Justice. In her honour, the Government of Alberta created The Chief Justice Fraser Scholarship, awarded each year at the Universities of Alberta and Calgary to law students who focus on democratic principles.
Catherine’s leadership role in the administration of justice in Canada and internationally has been broadly recognized. The Universities of Alberta (2013), Windsor (2012), Calgary (2007) and Lethbridge (2006) awarded her honorary doctorates, and she received the University of Alberta Alumni Association’s Distinguished Alumni Award (1996). She has been celebrated as a recipient of the Global Woman of Vision Lifetime Achievement Award (2020), Women in Law Leadership Lifetime Achievement Award (2014), Global Woman of Vision Award (2014), Canadian Bar Association Touchstone Award (2013), and the YWCA Tribute to Women Award (Business, Industry and Professions) (1987). Catherine has received the Queen Elizabeth II’s Golden Jubilee Medal, the Queen Elizabeth II’s Diamond Jubilee Medal, the Queen Elizabeth II’s Platinum Jubilee Medal (Alberta) and the Alberta Centennial Medal.
Catherine and Richard live in Edmonton where they raised Andrea and Jonathan, who are both lawyers. With three grandchildren now on the scene, Catherine’s guidance to them may echo her summation of her journey in law: “Listen to what your inner voice is telling you and follow what it says.” Good advice for us all.