'This is kind of special': 3 Asian lawyers in court on a N.S. murder trial

When lawyer Eugene Tan would meet clients for the first time in a courthouse, they'd ask how to spot him in building full of suits.

He had a standard response: "There's one Asian. You'll find me." 

Times have changed, slowly but surely, as Nova Scotia grows in diversity.

Tan, 49, a practising lawyer in Nova Scotia for more than 20 years, can't think of another trial lawyer of Chinese heritage in the province.

While he's able to quickly name other lawyers of Chinese ethnicity who paved the way for him, they're solicitors and not usually seen in courtrooms. 

As Tan was preparing to defend Shawntez Downey on a charge of murder, it dawned on him — he'd never seen two other Asian lawyers in a criminal trial.

Quy Linh, who is Vietnamese-Canadian, was defending Daniel Downey, Shawntez's brother. Erica Koresawa, of Japanese and Dutch decent, was the junior Crown attorney.

"Once it did sink in, I thought this is kind of special, this is different," said Tan in an interview while flanked by Linh and Koresawa, who are both 32.

"It was the very first time and it made me kind of proud. You know we stuck around, and here we are in the area that I think, stereotypically, Asians would not be involved in."

While it's hard to say for sure if history in Asian legal representation was made in this province this month, statistics suggest Tan is probably right.

People of colour are underrepresented in the legal profession.

A 2018 survey by the Nova Scotia Barristers' Society shows Indigenous people at 2.8 per cent and African Nova Scotians at 2.7 per cent. Other racial groups make up just two per cent.

That's compared to four per cent of Nova Scotians who are visible minorities, according to the 2016 census. Including the black community, Nova Scotia's largest minority group, visible minorities make up about 6.3 per cent of the population.  

It's our strategic priority to promote equity, diversity and inclusion...- Tilly Pillay, Nova Scotia Barristers' Society Executive Director

Tilly Pillay, the society's executive director, said in a statement "it's our strategic priority to promote equity, diversity and inclusion … as we aim to ensure that the legal profession adequately reflects the public it serves."

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Linhs in law

Linh's family is doing its part to boost the numbers of Asians in law. One younger brother is preparing to start articling, while the other is in law school. 

But he isn't the first lawyer in the family. His father, Minh Son Linh, was also a lawyer in Vietnam, but lost his career in Canada.

He tried to find his way back into the profession, but going to school to try to overcome the language barrier, while also juggling a job delivering pizza at night, was too difficult. These days, he drives a cab in Halifax.

"I think he's proud, especially just from the experience that we had to go through, and understand the struggle, and then also now [being] able to help other people with their struggles is something just wonderful," said Linh.

What's race got to do with it?

No one is above the law. Justice is blind. Equality before the law.

They're often trotted-out saws about the law. So, if lawyers all take the same oath, what's race got to do with it anyway?

A lot, say these lawyers.

In fact, they say being a lawyer who is a visible minority is an asset in the courtroom.

Koresawa, who started as a prosecutor in B.C. eight years ago, says cultural sensitivity has been helpful as she deals with victims and witnesses who are often from marginalized communities. 

"Knowing that they've gone through different struggles, and they have different cultural connections, and things mean different things to them," she said.

Her own ethnic background helps her appreciate those differences. She wants to "assist them in the best way that I can."

Growing up in Uniacke Square

Even as black lawyers make a presence in Nova Scotia, Tan and Linh don't think it's unusual they were chosen to represent the Downey brothers from North Preston, Canada's oldest black settlement.

Linh believes part of the reason is his ability to establish a rapport that's rooted in race and poverty.

He grew up in Uniacke Square, a predominately black public housing project in the heart of north-end Halifax.

Linh said he understands the demeanour, the expressions and the emotions that come from growing up in a community that's been stigmatized far too often.

"It's the human connection where we've both had struggles," he said. Linh lived in the neighbourhood until he was 12 or 13. "It just makes them feel a little bit more comfortable."

Prejudice and pride

When it comes to defending clients in a jury trial, Tan says it's a "legitimate concern" that jurors may hold prejudices against an accused person.

Even though jurors are weeded out through a process of questions called "challenge for cause," Tan says a diverse lawyer can help dispel perceptions that may lead to presumptions. 

"We have stereotypes, we have images, we have things that we believe whether they're right or wrong," he said. "These are big cases with big consequences."

Tan knows what it's like to be judged. As a first-generation Canadian born to immigrant parents from Singapore, he's felt like the "outsider" who was "flat out denied" by clients who told him race was a factor.

When he was a young lawyer he sometimes experienced bias from people who would walk in off the street and "dismiss me right away" and turn to a white lawyer. "I don't think people are ever doing that consciously," he said.

To counter that, he's spent years working hard to prove himself, and persevered. 

Tan says his father, an academic who is passionate about social justice, is proud he chose law. 

'It's been a long time'

The younger lawyers say they haven't encountered the same discrimination as Tan. Linh credits Tan with laying the groundwork for success for a new generation of trial lawyers of Asian heritage.

Based on their courtroom milestone, they hope it inspires others to pursue their dreams in Nova Scotia.

As Tan reflects on this unique experience, he believes it's "a really big deal."

But he's also feeling something else.

"Honestly, old. That's the first feeling because it's been a long time."

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