Justice David Stratas and distinguished guests teach critical legal skills

Photo by Teddy Melvin

David Stratas, Law '84, pictured in 2009 with his record seven LSS teaching awards from Queen's Law.

Award-winning teacher Justice David Stratas, Law ’84, of the Federal Court of Appeal, has designed a new course for Queen’s Law on the relevant and practical topic of legal writing. He is teaching the course, Legal Writing and Written Advocacy, in the first two weeks of January with the assistance of special guest lecturers: Justice Thomas Cromwell, Law ’76 (Mus ’73), of the Supreme Court of Canada; Justice John Laskin of the Court of Appeal for Ontario; Justice Patrick Healy of the Court of Quebec, renowned criminal lawyer Edward Greenspan, QC; Rob Frater, Law ’84, Senior General Counsel with the Department of Justice Canada; and Kirk Makin, Justice Reporter for the Globe and Mail. 

Justice Stratas, who was one of Canada’s most highly regarded and sought-after administrative law and constitutional litigators prior to his December 2009 judicial appointment, says that “legal writing lies at the core of the lawyer’s craft.” With courts reducing hearing times, and with most interactions with clients, colleagues and opposing counsel being done in writing, he estimates that some lawyers’ spend 70 per cent of their time writing in some form. And nowadays written submissions win cases, and written advocacy, if done well, can influence judges both before and after the hearing.

“Candidly, the quality of justice depends on judges getting helpful, accurate and honest written submissions that convey points strongly and directly,” he says. “So I see what we are doing as having a very direct effect on the administration of justice.”

In the first week of the course, the goal is to empower students by giving them tools to improve their writing. The second week focuses on factums and other legal submissions aimed at persuading judges through the written word. 

“Writing is a craft that has to be learned and then practised constantly with an eye to continual self-improvement,” Justice Stratas says. “We hope that this course starts the students off on a journey towards better writing, so they will serve their clients better and in turn assist their professional colleagues in becoming better writers.”  

Justice Stratas had no difficulty attracting an array of prominent guest speakers, all of whom, along with him, are happy to volunteer their services to Queen’s.  

Kirk Makin, who has written more than 5,500 newspaper articles on complicated legal topics, will talk about the important judgment calls he makes when he writes, and how to achieve clarity, directness and brevity in writing.  

Practising lawyer Rob Frater and Justice Healy will take part in the discussion on persuading judges via factums. Appearing regularly in the Supreme Court of Canada, Frater argues the Department of Justice’s most important cases. Justice Healy, a noted criminal law scholar, is a former defence lawyer and law professor.

Justice Cromwell, Justice Laskin and Edward Greenspan will participate in the last class, which will include a Q & A session with the students. Justice Cromwell, a former practitioner, legal academic and judge of the Nova Scotia Court of Appeal, is the first Queen’s Law graduate appointed to the Supreme Court of Canada. Justice Laskin, considered “one of the great teachers of legal writing,” has instructed seminars for organizations, including the Canadian Institute for the Administration of Justice and the Ontario Centre for Advocacy Training, and has published articles on the topic in the Advocates’ Society Journal and a chapter in Advocacy and Taxation. Greenspan, in a career that has spanned more than 30 years, has represented some of the country’s most prominent defendants.

One hundred students are registered in the one-credit course, which quickly reached maximum enrolment. 

“The students of Queen's Law are thrilled to have the opportunity to take this unique seminar,” says Jessica Horwitz, Law ‘12, LSS VP (Academic) and a student in the course. “Legal writing is one of the most important and practical skills that students will learn in law school -- and who better to learn it from than these eminent judges and other notable guest speakers? Students are looking forward to benefiting from their wide-ranging perspective on how good writing is fundamental to the legal profession.”

Before his judicial appointment, David Stratas had taught the popular course Advanced Constitutional Law as a sessional instructor at Queen’s for 15 years, winning a record seven teaching excellence awards and a specially created career achievement award from the Law Students’ Society, plus the Mentorship Award from the Queen’s University Alumni Association. 

“It is wonderful that even with his new responsibilities Justice Stratas is making the time to share his expertise with us,” Jessica Horwitz says.