By Mark Campbell

On a spring day in 1994, Kim Pate (LLB’84) entered the Prison for Women in Kingston, Ontario.

Relatively new to her position as executive director of the Canadian Association of Elizabeth Fry Societies, Pate was there to investigate allegations of abuse of women prisoners by the Kingston Penitentiary’s emergency response team. Prisoners said the all-male team had shackled, stripped and searched them, but at the time, it was their word against the riot squad. No video had surfaced to corroborate their accounts, and Pate says prison administrators were quick to dismiss her findings.

“They ridiculed me,” recalls Pate. “They said I’d been conned by the women. I remember walking out and thinking ‘you either pack your bags and let someone else do this job or you never let this go.’”

Pursuing her calling

Pate chose not to let go. Over the weeks that followed, she brought the story to the attention of the media, and the Canadian public. She pushed for an inquiry – led by Justice Madam Louise Arbour – that not only determined the prisoners had been subjected to abuse, but would also lead to the closure of the prison and more humane policies at Corrections Canada for searching women prisoners.

“I was trying to raise awareness about what was happening and engage people on the issue,” says Pate. “Most people didn’t believe what I was saying. Today, the minute a police officer or guard says something, it isn’t automatically assumed they’re telling the truth and the prisoner, or accused person, is lying. That’s a huge step forward.”

It’s been a long journey for Pate, who has played a key role in significantly improving the treatment of women in Canada’s justice and incarceration systems. For more than 30 years, this Order of Canada honouree has investigated countless human rights violations, been an advocate for prisoners with mental health issues – most notably her work following the death of Ashley Smith  – and raised awareness about the special needs of Aboriginal women in the system. She has given a voice to women who otherwise would not have had one – women who have been victims of abuse, exclusion or marginalization in our society. Thanks to Pate’s efforts, thousands have been able to access support and resources to successfully reintegrate into society, finding work and raising families.

Changing perceptions

“Her singular victory,” suggests Schulich School of Law Professor Archibald Kaiser, “has been that she has caused people to listen to and appreciate that persons in conflict with the law are real human beings, not monsters and devils.

“I am sure that some have wanted to silence people like Kim and to distort the nature of the criminal justice system and of offenders. They haven’t been able to do that because people like Kim have taken a stand against that and increased public awareness of the humanity of offenders.”

Training future advocates for justice

Pate’s stand includes the development of courses on prison law and defending battered women, which she delivers at the University of Ottawa. “Those are very significant contributions,” says Elizabeth Sheehy, vice dean research and professor at the university. “We have very few lawyers in Canada who actually understand and advocate in the prison system. By creating these courses, she’s helping to produce a new generation of lawyers who will be better equipped to serve women in the legal system.”

Even so, Pate – a recipient of Dalhousie’s Weldon Award for Unselfish Public Service – which recognizes alumni for their contributions to the community and legal profession – is modest when it comes to talking about the impact of her work. She sees herself as part of a community of change and not the fulcrum. “I’m proud I’ve been able to connect with, advocate for, and promote collective and collaborative action with people from many walks of life,” she says.

“I have the real privilege of knowing thousands and thousands of amazing individuals, be they academics, lawyers, judges, women in prison, or activists. I feel like I am surrounded by people who are inspiring me all the time to do and be the best I can.”

The root of her passion

The eldest of four sisters, Pate’s desire to make a difference was fostered in part by her father, a serviceman who ensured his daughters were exposed to life away from military bases overseas and in Canada. She quickly gained an understanding of racial and class differences and took an interest in the law because it offered her the opportunity to effect change while making a decent living. Her interest in social justice led her to Dalhousie, where she found a sense of purpose from her professors and through her involvement in Dalhousie Legal Aid Services.

“I was never very studious, but you could find me there at three in the morning preparing briefs and arguments. It was a key turning point for me in realizing how important it was to ensure that everyone has a voice and an advocate in the justice system, and the difference that can make.”

Bold dreams

Twenty two years on from that day at the Kingston prison, Pate is still looking at how she can make a difference. She has a rather bold dream that, one day, there will be no prisons in Canada – that the women she has worked with could be held accountable by and rehabilitated right in our communities.

“That would be a far better approach than to lock them up, leave them in increasingly isolated conditions with few resources, and then release them into the community with the same – and too often more – issues they had when they entered prison,” says Pate.

“If we took the resources we’re using now to criminalize and imprison individuals and used them for things such as better child care, social services and educational opportunities – those are far better investments with better outcomes for all of us.”

Photos: Jessica Deeks