Sheilah L. Martin

Early Life

Sheilah Martin was born and raised in Montreal. She is fluently bilingual in French and English. To pay for her education, Martin did a wide variety of odd jobs, including babysitting, working in retail and fast food, and as a camp counsellor. She worked her way through law school and, during her summer break, researched and wrote two books about Quebec laws for the general public. She didn’t even realize that they had been published until she saw one in a bookstore window. She later commented on the peculiar experience: “That moment taught me that it was indeed possible to actually think and write something into existence and that by putting ideas out into the universe, one person’s work can make a difference.”

Education

Martin earned her Bachelor of Civil Law and Bachelor of Common Law from McGill University in 1981. After earning her degrees, she moved to Alberta to start her career. She earned her Master of Laws from the University of Alberta in 1983 and was called to the Alberta Bar in 1989. She then earned a Doctorate of Juridical Science from the University of Toronto in 1991.

Law Professor

From 1982 to 1986, Martin worked as a researcher and law professor at the University of Calgary. In the 1980s, she also taught and participated in the common law and civil law exchange program organized by the federal government’s justice department. This included teaching at the Université de Sherbrooke in Sherbrooke and at Dalhousie University in Halifax. She also taught at York University’s Osgoode Hall Law School.

Martin taught law at the University of Calgary as a full professor from 1992 to 2005. She also served as acting dean and then dean of the university’s law school from 1991 to 1996. As a law professor, Martin taught courses on a wide variety of topics, including feminist legal theory, constitutional law and commercial law.

Private Practice

From 1996 to 2000, Martin worked in private practice as a barrister and solicitor for the Calgary firm of Evans Martin & Wilson. It specialized in criminal and constitutional law litigation. From 2001 to 2005, Martin continued her work as barrister and solicitor and a partner at Code Hunter LLP, another Calgary law firm. Her notable accomplishments from this period include pro bono work for both the Women’s Legal Education and Action Fund and the Alberta Association of Sexual Assault Centres in cases before the Supreme Court of Canada.

In 2000, the Assembly of First Nations asked Martin to join the legal team that would develop the Indian Residential Schools Settlement Agreement. This eventually led to an official government apology and the creation of the Truth and Reconciliation Commission. Martin considers this one of the most meaningful and challenging accomplishments of her career.

Martin is also well known for working on compensation cases for wrongfully convicted Canadians, including two of Canada’s most infamous wrongful convictions: David Milgaard and Thomas Sophonow.

Provincial and Territorial Judge

Martin was first appointed as a judge in 2005. She served on the Court of Queen's Bench of Alberta in Calgary, a position she held until 2016. In 2009, she began serving as the deputy judge for the Supreme Court of Yukon. In 2016, she was appointed as a judge of the Courts of Appeal of Alberta, the Northwest Territories and Nunavut.

In 2012, Martin became one of the first judges in Canada to allow journalists to use instant messaging to report live from the courtroom. She also issued the first judicial approval for a physician-assisted death, in March 2016.

Supreme Court of Canada

On 29 November 2017, Prime Minister Justin Trudeau nominated Sheilah Martin to the Supreme Court of Canada. She was appointed on 18 December 2017. Her appointment filled the vacancy left by former chief justice Beverley McLachlin.

Martin has been involved in several notable decisions during her time on the bench. In 2018, her first written decision struck down the mandatory victim surcharge that had been introduced by the Stephen Harper government. Victim surcharges were reintroduced by the Justin Trudeau government in June 2019, but were not required to be mandatory. Martin also wrote the majority decision in the Court’s unanimous ruling in July 2022 that a person who has sex without a condom without their partner’s consent could be convicted of sexual assault.

Other Activities

Outside of her career as a judge, lawyer and law professor, Martin has also been involved in various non-profit organizations and professional associations. These include the Canadian Bar Association, the Canadian Judicial Council Education Committee, the Canadian Chapter of the International Association of Women Judges and the National Judicial Institute, among many others.

Personal Life

Martin’s second husband was defense lawyer Hersh Wolch. They met at a law conference and were married from 2000 until his death from a heart attack in 2017. Wolch was also well known for his work with the wrongfully convicted, most notably David Milgaard and Steven Truscott. Martin has two sons, Rory and Sean, from her first marriage.

Awards and Honours

Sheilah Martin has been recognized for her commitment to legal and judicial education, and for her focus on Indigenous affairs, gender equality rights and the issue of underrepresented communities in the legal profession. She has received numerous awards and distinctions throughout her career. These include the YWCA's Advancement of Women Award, the Distinguished Service Award for Legal Scholarship and the Law Society of Alberta's Certificate of Merit. In 2016, she was listed by Canadian Lawyer as one of the nation’s top 25 most influential lawyers. In 2021, she received an honorary Doctor of Laws from Carleton University.

(See also Judiciary in Canada; Court System of Canada.)