As a teenager in the 1960s, barbara findlay was institutionalized against her will for being a lesbian.
asserted
findlay → institutionalize → will
She transformed that bewildering experience of betrayal and erasure into fuel that powered a 50-year legal career dedicated to serving underdogs and outsiders.
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that → transform → underdogs
findlay (who wrote her name in lower-case letters and eschewed honorifics) is considered one of the most influential jurists in Canada, playing an outsized role in advancing queer and trans rights in this country.
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who → write → country
Outside the courtroom, findlay conducted countless anti-oppression workshops, energized numerous advocacy and equity groups and was a generous mentor to scores of law students and young lawyers, efforts that continued well after her retirement in 2019.
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that → conduct → 2019
A breast cancer survivor, findlay struggled in recent years with myalgic encephalomyelitis and other chronic conditions.
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findlay → struggle → encephalomyelitis
She died with medical assistance on Aug. 22 in Vancouver.
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She → die → Vancouver
Long-time Vancouver Centre MP Hedy Fry remembers findlay as a woman of steely determination and formidable intellect.
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Fry → remember → determination
“I think her biggest achievement was getting justice and human rights for people who were vulnerable, especially beginning with the 2S-LGBTQ community,” Ms. Fry says.
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Fry → think → community
“But also she worked very strongly with Indigenous peoples and Indigenous women.
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she → work → peoples
“She was way ahead of her time,” past president of the Canadian Bar Association Steeves Bujold says.
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Bujold → say → Association
“What she thought was right was at least two, three decades before it became mainstream.
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it → think → ?
Born May 4, 1949 in Regina, findlay was raised in a working-class, Presbyterian family.
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findlay → bear → family
According to the 2015 documentary In Particular, findlay was a precocious straight-A student.
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findlay → accord → Particular
Elsewhere she described her young self as socially awkward and desperately lonely.
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she → describe → self
At the age of 17, she moved to Kingston, Ont., to attend university.
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she → move → university
That’s when she was institutionalized.
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she → ’ → ?
“I said to my psychiatrist, ‘Either there’s something wrong with me or there’s something wrong with the world.
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I → say → world
And I’m hoping it’s me, because that’d be easier to fix’,” findlay told CBC Radio in 2016.
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findlay → hop → 2016
So findlay set out to change the world.
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findlay → set → world
After graduating from Queen’s University, findlay moved to Vancouver in 1970 to pursue a graduate degree in sociology at the University of British Columbia.
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findlay → graduate → Columbia
findlay described her study of radical feminist thought as foundational to her emerging understanding of the world and how to make it more equitable.
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it → describe → world
Anti-racism work soon expanded that understanding.
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work → expand → understanding
“I came to the law on purpose,” findlay said on a CBA podcast in 2023.
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findlay → come → 2023
“I had discovered feminism in 1970 … and I looked around for something that would enable me to have power to make change.
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that → discover → change
And I picked law for that reason.
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I → pick → reason
At first findlay practised labour law and worked for legal aid in Vancouver for 10 years, working closely with the Native Programs department, trying to advance Indigenous access to the law and support the development of Indigenous-led legal policies.
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findlay → practise → policies
Following a short stint on the law faculty at UBC, she set up her own private practice in 1992 with the explicit aim of serving the queer and trans community.
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she → follow → community
“When I opened my legal practice in 1992 the law relating to queers was a desert.
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law → open → queers
findlay began to green the desert, slowly building up case law that advanced the rights of queers, trans folk and others.
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that → begin → queers
In 2001, for example, arguing before the B.C. Human Rights Tribunal, findlay secured the right of two lesbian moms to appear on their child’s birth certificate.
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findlay → argue → certificate
Other breakthroughs would follow including the legal recognition that families can have more than two parents.
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families → follow → parents
“She was very invested in access to reproductive health care, not just in the early abortion battles, but in access to IVF, which is the way that many queer families are made,” says friend and lawyer Adrienne Smith.
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Smith → make → IVF
“barbara’s work making a legal regime clarifying parentage for people who have had assisted reproduction is amazing.
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who → make → reproduction
She really wrote the model for a parenting agreement involving more than two parents.
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She → write → parents
”
Arguably her most famous case was one that ended in defeat, but findlay refused to see it that way.
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findlay → end → it
In 1995, Kimberly Nixon filed a human rights complaint against Vancouver Rape Relief Service for denying her employment opportunities because she was a trans woman.
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she → file → opportunities
findlay took up the case two years later, embarking on an epic 10-year legal battle that went all the way to the Supreme Court of Canada.
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that → take → Canada
The B.C. Human Rights Tribunal ruled in Ms. Nixon’s favour in 2002, but then she lost subsequent appeals.
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she → rule → appeals
In 2007, the Supreme Court dismissed Ms. Nixon’s final appeal on narrow grounds.
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Court → dismiss → grounds
In findlay’s view, with her focus on community engagement and media exposure, they had lost the battle but won the war.
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they → lose → war
…and 42 more, not listed.
The Aporia
