Called the “heart and soul” of the Queen’s Prison Law Clinic, director Kathy Ferreira, Law’01, has dedicated her entire legal career to defending the rights and interests of prisoners in federal institutions with passion and tenacity. For the past 17 years, she has also devoted herself to honing high-quality legal skills in students who serve a vulnerable and politically marginalized population through Canada’s only student legal aid clinic in correctional law. This year, she has caught the attention of the Association for Canadian Clinical Legal Education, which is presenting her its inaugural Ferguson Award.

“Under Kathy’s strong leadership and her commitment to prisoner rights and the student experience, the QPLC has become one of the most sought-after legal aid clinics in Canada for prospective and current law students,” says staff lawyer Nancy Brar, Law’16. “She has been responsible for shaping the clinic into a large-scale, expansive operation in which law students assist prisoner clients under lawyer supervision in a variety of areas that also include administrative law and human rights law.”

Staff lawyer Paul Quick, Law’09, agrees and adds, “Kathy consistently draws the best out of her staff and students, and she is absolutely tireless in her efforts to ensure that the Clinic runs smoothly at every level while expanding its mandate and making the Clinic ever more effective in its pursuit of fairness and human dignity for our prisoner clients.” 

In addition to the QPLC’s longstanding core service components of representing federal prisoners before administrative tribunals, Parole Board hearings and institutional disciplinary courts, Ferreira has recently overseen an increased emphasis on advocacy for prisoners with respect to conditions of confinement and health care through institutional grievance procedures, written advocacy to penal authorities, and complaints to the Canadian Human Rights Commission. 

She has also expanded the clinic’s mandate to include Federal Court judicial review applications and constitutional litigation on behalf of prisoners in the Federal and Superior Courts, as well as targeted interventions at the Supreme Court of Canada (including, Canada (Minister of Citizenship and Immigration) v. Vavilov, and Canada (Public Safety and Emergency Preparedness) v. Chhina). By facilitating a second clinical course, Advanced Prison Law, she has provided further clinical educational opportunities for students to use the expertise they have developed on the frontlines of prison law, while developing public-law litigation skills and strategies. 

“Even more recently,” says Quick, “Kathy has led the Queen’s Prison Law Clinic into the newest and arguably most challenging episode of its history to date, as the COVID-19 pandemic has put our clinic’s client base (prisoners in poorly ventilated congregate living facilities with inadequate healthcare) at grave risk while simultaneously undermining the normal clinic procedures for client communication and supervision (in-person visits with clients are no longer permitted, and student supervision must now be conducted remotely). 

“During this most challenging time, Kathy has nimbly adjusted the procedures of the QPLC and urgently pivoted its efforts to assist those clients who are most vulnerable during the pandemic,” he explains. “This has included expanding the geographical service area of the clinic in order to assist medically vulnerable women at Grand Valley Institution (located in Kitchener, Ont.) seeking urgent release or protection during the COVID-19 outbreak at that prison, and concerted efforts to develop strategies and templates to advocate for the early release of medically vulnerable prisoners at all institutions and to share these tools with prison law counsel across Canada.

“As all of these new challenges – including the most basic challenges of remote work – have made demands on the time and well-being of her staff and students, Kathy has tirelessly and relentlessly taken more and more of the QPLC’s core responsibilities on her own shoulders to enable its nimble response to the health crisis in our federal prisons, while ensuring that all staff and students have the support they need to be whole during this most challenging time.” Quick continues. “Her work ethic and dedication to clients, students and staff are unwavering.” 

Brar can attest to that based on her own personal experience that started when she was a student. “Kathy’s guidance in shaping my understanding of legal ethics and quality client service is unparalleled,” Brar says. “Because of her I learned the importance of being a professional and principled lawyer. I have seen her impact each and every student she interacts with in the same way and I have learned firsthand that Kathy has an incredible ability to not only teach, but to inspire. She has an unfailing kindness towards prisoner clients, is a staunch supporter of prisoner rights as human rights, and is a strong, effective teacher.”

Ferreira credits her colleagues for the recognition she is receiving as the Ferguson Award winner. “I am very honoured to receive this award, most especially because the people I work so closely with every day and whose opinions mean the most to me nominated me,” she says. “I am privileged to work with QLC Director, Karla McGrath, and QPLC staff lawyers Paul Quick and Nancy Brar and am so grateful for the inspiration they give me.

“I also appreciate the attention on the work of the QPLC, which has continued to evolve and gain force as we maintain our frontline tribunal advocacy while also focusing on systemic litigation, human rights violations and outreach,” Ferreira continues. “This work would not be so diverse and rich without all of us working in concert, at capacity and with the dedicated assistance of our students, support staff (Mary Ann Dietrich and Nicole Clark) and Rick Sauvé, our Indigenous Justice Co-ordinator.”

Paul Quick puts it best when summing up Ferreira’s motivation: “It is clear that the Queen’s Prison Law Clinic is not a merely a job, or even career for Kathy, but a lifetime calling.” 

The Queen’s Law Clinics gratefully acknowledge the support of Legal Aid Ontario, the Law Foundation of Ontario, Pro Bono Students Canada, the Class of Law’81, the United Way of KFL&A, and alumni, friend, and industry sponsors.