In conversation with Isfahan Merali
Toronto writer Evan Thompson spoke with Isfahan Merali, Senior Counsel, The Consent and Capacity Board and the 2022 recipient of the Honsberger Award to be presented May 10, 2022 in Toronto.
TLA: What attracted you to the legal profession?
Isfahan Merali: When I was about three-years-old, my family arrived in Toronto from Tanzania. I was a young south Asian girl whose family had to leave their homeland and start again. My mother, a trained high school geography teacher whose qualifications were not recognized here, took any job she could and my father took on different jobs to support us as the process of getting his academic qualifications as a trained engineer was near impossible.
As I grew up, I saw how my family and my community faced barriers and challenges, and this was the experience of many who were marginalized as newcomers and racialized. At a young age, I became focused on social justice and fairness issues. My parents always emphasized the value of education, and so I felt that law would give me critical skills while helping me in my quest to help bring about social equality.
Not being able to afford books became an advantage as I spent my childhood in public libraries. Amongst many many books I hold dear, I loved reading Nancy Drew books when very young and was fascinated with Carson Drew, Nancy’s father, who was a lawyer. He was literally the only lawyer I knew and I loved how he supported his daughter who was ahead of her time in questioning “gender” roles and challenging traditional ways of thinking and problem solving.
While attending University College at the University of Toronto, I spent my time working three jobs to pay for my studies, always grateful for my scholarships. The obstacles I faced as one of the few South Asian or racialized students in my program didn’t deter me, but encouraged me to work harder to get into law school to become a lawyer and pursue my passion: social justice and human rights.
TLA: What personal strengths do you feel successful lawyers share?
Isfahan Merali: They share so many personal strengths, including strong interpersonal skills – which is perhaps a successful lawyer’s most important trait.
They are fearless. Racialized lawyers learn to be fearless when they are the minority voice at the table, time and time again. Having said this, speaking my mind can still be challenging every day, even as a Law Society Bencher.
They aren’t afraid to take risks and be curious.
The Honourable Louise Arbour, who will receive the Toronto Lawyers’ Association Award of Distinction for 2022, is such a person. She has been an inspiration to me ever since I met her at conference I co-chaired on economic, social and cultural rights shortly after law school.
Successful lawyers are also resilient. For example, I am often asked whether Asian lawyers have an easier time today than when we I was coming up in the legal profession.
You may not feel as alone as before but many of the same barriers that racialized lawyers faced then still exist. We hear from their experiences daily how racialized lawyers are viewed differentially. This was supported in the findings of the Challenges Faced by Racialized Licensees Report that I worked on, alongside other Benchers of the Law Society of Ontario.
TLA: How has social media changed the practice of law?
Isfahan Merali: Until I ran for Bencher in 2015, I had very little social presence. During the election, however, I realized the need to connect with other lawyers and so became active on social media. Despite my earlier reservations, I ended up loving the experience. There is something amazing about the connections made among lawyers (i.e. law twitter). Sharing knowledge with diverse lawyers breaks down barriers and supports advocacy on many issues.
During the pandemic, social media has also helped raise awareness for the need for consistent sharing of knowledge and communication among the many dedicated and progressive lawyers whom I enjoy following and learning from. Social media offers lawyers a way to share experiences and ideas that can benefit their clients as well enhance their own professional experience.
TLA: Can you share some moments in your career that brought you great satisfaction?
Isfahan Merali: On May 28, 2015, I joined the Law Society of Upper Canada (now Law Society of Ontario) as the first South Asian female bencher elected in its 218-year history.
For the first time, two candidates ran in tandem, produced joint campaign materials and cross-pollinated each other’s networks. The credit for the novel campaign goes to my 2015 running-mate Janet Leiper (now Justice Leiper of the Superior Court of Ontario), a former criminal defence lawyer, Toronto’s former integrity commissioner, former adjudicator in the area of criminal law and mental health law, a then-incumbent bencher and, more recently, my mentor.
She wanted to go beyond the typical framework of mentorship and champion someone she felt would add value and diversity to the bencher group, someone who wouldn’t normally have a strong chance of being elected. She chose me — a relatively unknown South Asian human-rights lawyer working for the province.
She lent me her credibility and reputation and it opened doors that I would not have normally had the opportunity to enter. In the 2015 Bencher election she was elected the Regional Bencher for Toronto (having earned the greatest number of votes in the Region), and the lawyer voted number 21 bumped up to fill the final bencher spot. In other words, and to my great surprise, I was elected a Bencher. The work has been challenging and important and I’m deeply honoured to have had this opportunity to contribute to the legal community in the public interest.
Moreover, in 2015 the legal community elected the most diverse Convocation ever, with 22.5 percent racialized benchers. Given the changes that occurred in the 2019 election, increasing diversity and progressive voices in the next Bencher election of 2023 will be critical for progressive regulatory work in the public interest.
TLA: Do you have any advice for aspiring lawyers regarding what they may expect on their journey?
Isfahan Merali: First, listen to your gut. Trust your instincts. They are your compass.
Second, many lawyers are told that the first thing to do is to find a mentor, and while I don’t disagree, I think building relationships is a more meaningful goal. I learn as much from the lawyers I mentor and guide as I hope they might learn from me. Believe and understand that you have value to add, although you may be new to the profession.
Third, I think that the exceptional Maya Angelou said it best: “people will forget what you said, people will forget what you did, but people will never forget how you made them feel.”
The quality of your interactions says everything about your character, and how you impact people matters, especially in a world of advocacy and litigation where things can be contentious and challenging. I have always tried to make sure my world is about building relationships and trust. Finding some common ground is usually not that difficult. That is why I have always been drawn to mediation over litigation.
Understand that real privilege comes with being a lawyer. I have come across many people who appreciate the skills, legal and non-legal, that lawyers bring. These may involve helping people open bank accounts, finding someone shelter or completing immigration forms. I know that many lawyers do this in their communities to help vulnerable and marginalized people navigate our complex societal systems, come with the privilege of being a lawyer. Lawyers have great influence over making our communities better places to live.
Remember that one of our roles is to provide access to justice for all. This involves helping people who don’t have access to legal advice. As we know, most people can’t afford lawyers. If many people can’t navigate the legal system, we need to help them by doing pro bono work when we are able, or being present, mindful and active in our communities.
Finally, put your family first. As my career began, I often worked 110+ hours per week and missed important time with my family. Now, I have made it a priority to find better balance in my life and my family is a priority. While legal work is often demanding, I think the pandemic has also shown us what really matters and I hope all lawyers will prioritize their family and their health.
TLA: Who are some people who have influenced and helped guide you over your career thus far?
Isfahan Merali: My high school teacher, David Snell taught me law, sociology and world religions. As my family did not have the resources, he gave me access to academic workshops, special seminars and classes at the ROM. He taught me about human rights, and helped me to study the Charter of Rights and Freedoms, which became a reality while I was still in high school.
My U of T law school professors included Bernard Dickens and Rebecca Cook and they taught me criminal law and international human rights law. Their support and encouragement led to my being a Human Rights Fellow and directing the law school’s International Human Rights Program that year. Professor Cook encouraged me to do an internship in Barcelona, which I self-initiated (and where I met my partner, who is from Barcelona). Craig Scott, Janet Mosher and Martha Shaffer were mentors and role models to me and inspired my work in human and women’s rights.
Brock Grant, my former legal director, was one of the best legal directors I ever had. He gave me challenging assignments, immense independence and always believed I could accomplish more than I could have believed at the time.
Linda Rothstein, Chair of the Law Foundation of Ontario, also helped to guide me. She is an inspirational leader and fierce advocate for access to justice.
And Justice Janet Leiper gave me access to a world I could have never had entered otherwise.
I am indebted to so many extraordinary lawyers who came before me, and who have taught me so much.
I have been very fortunate all my life. It’s a deep honour to receive this award and to be recognized by the Toronto Lawyers’ Association, an organization I admire so much.