Kathleen Elhatton-Lake, ’12 BCom

To anyone whose interests veer into the unconventional, Kathleen Elhatton-Lake, ’12 BCom, has some advice – “don’t try to be cool.” Pursuing hobbies and topics that interest her has helped Kathleen build a life and career full of passion. Here, Kathleen shares with us how a passion for debate honed at the University of Alberta led to her career in municipal and administrative law, where she helps regulators achieve the public good. 

What was your undergraduate experience like at the Alberta School of Business? Were you involved in any student groups?

I had a fantastic undergraduate experience at the Alberta School of Business. I was very involved in the University of Alberta Debate Society and my undergraduate life revolved around preparing for, organizing and spending weekends away at debate tournaments. My old debate partner is still one of my best friends and we lived together when I moved to Toronto for law school. She is officiating my wedding this summer!

Debate was one of the singular shaping forces of my undergraduate experience and my career. Unsurprisingly, many debaters go on to become lawyers. Two of the hardest parts of being a lawyer are (1) losing and (2) public speaking. Debate gives you experience with each of those in spades!

No matter how good of a debater you are (and yes, I know exactly the joke you are thinking about here…), you will inevitably lose at some point. Though I like to think I was a fairly good debater, I also lost. I lost a lot. I lost in embarrassing ways that me and my friends still laugh over when we have had a few too many beers (note to the reader: if you ever open a debate case with “In a hypothetical Zimbabwe” you have already lost).

Losing a debate was normal. It was expected. You learned and got better. Learning to lose and to lose (somewhat) gracefully, is a skill I have been grateful for over and over.

In law, there are winners and losers, particularly if you appear before the Courts. I haven’t won every case I have taken to Court and nor do I expect to. The ability to lose without being personally devastated is a critical skill as a lawyer. You do the best you can with the case you have.

Public speaking is also a source of stress for many young lawyers. When I debated, I had to speak in front of people, again and again and again. I learned I always speak too fast. To this day I write “SLOW DOWN” at the top of my notes. I learned that there are many different styles of public speaking and that what works for others won’t necessarily work for me. I learned that I will never give a perfect speech and that perfection is not required to be convincing. Public speaking, particularly when you are being asked questions by a justice, will never go perfectly according to plan. I am as prepared as I possibly can be whenever I go to Court and simultaneously willing to abandon all my notes and scripts to have a conversation with the justice about what they think the most important part of the case is.

What are some of your favorite memories of your time at the University of Alberta?

My favorite memories are those I made with the people who are still some of my closest friends today. Hanging out in HUB mall, going to the library to study and spending far, far too much time in the Humanities Building for debate practice and debate tournaments.

You pursued a law degree following your Bachelor of Commerce — was that always the plan, or did something draw you down that path?

I did a Bachelor of Commerce in Business Economics and Law. I always knew I wanted to go to law school and become a lawyer. I enjoyed taking some of the more traditional business classes like marketing or accounting but I thrived in economics classes. I took so many economics classes that I accidentally took more than double the classes I needed for my minor in Economics! If I wasn’t a lawyer, I would have pursued a graduate degree in economics. I love working with economists when I need an expert for a file. I enjoy the logical way in which they approach the world.

How did your career evolve from graduation to where you are today?

I went to the University of Toronto for law school and I followed the fairly standard path of summering and articling at a Bay Street firm. But, although there are many great things about Toronto, I realized I had no desire to live there long term.

I decided to do a second articling position as a clerk for a Justice of the Alberta Court of Appeal as a trial run for moving back to Edmonton. It was a fantastic experience! When I was there, I saw a lot of appeals from Subdivision and Development Appeal Boards and became hooked and fascinated by municipal law.

After finishing my articles at the Court of Appeal, I spent a short amount of time working in civil litigation at a medium full-service firm in Edmonton. But what I really wanted to do was practice municipal law.

To pursue this path, I joined the Canadian Bar Association’s Municipal Law section and started showing up for meetings. I knew no one. It was awkward. But gradually I met people, and one day, in a bathroom, at another event, I ran into Gwendolyn Stewart-Palmer, who had spoken on a topic of interest to me at a recent meeting. I told her how much I had enjoyed her presentation. (We were at the sinks! It wasn’t weird!) She invited me for lunch and the rest is history (history being that shortly after our lunch I joined her to work at Shores Jardine LLP and now I practice municipal law!).

Municipal law moves quickly. Gwendolyn and I have in one instance, gone from filing the first documents to a five-week hearing with seven experts in 10 months. I love that part of my career. I get a file and can be in before a tribunal or in the Court of Appeal in a couple of days. As a lawyer who has been practicing law for seven years, I already have 40 reported decisions from the Court of King’s Bench and the Court of Appeal where I appeared as counsel of record. I love that I get on my feet in Court or before a tribunal on a regular basis.

Tell us about the work you do today. What makes you so passionate about municipal and administrative law?

Administrative law is a term that most people don’t know. Unlike criminal law or family law, telling someone you practice in the area of administrative law is likely to get you some quizzical looks. Administrative law deals with the actions and operations of governments, government agencies and persons operating under delegated authority.

The Supreme Court of Canada described how regulation touches all aspects of our lives in R. v. Wholesale Travel Group Inc. [1991] 3 SCR 154

It is difficult to think of an aspect of our lives that is not regulated for our benefit and for the protection of society as a whole. From cradle to grave, we are protected by regulations; they apply to the doctors attending our entry into this world and to the morticians present at our departure. Every day, from waking to sleeping, we profit from regulatory measures which we often take for granted. On rising, we use various forms of energy whose safe distribution and use are governed by regulation. The trains, buses and other vehicles that get us to work are regulated for our safety. The food we eat and the beverages we drink are subject to regulation for the protection of our health.

I love that quote. It encapsulates everything I love about administrative law.

The hidden world of administrative law and the regulations that shape our lives is just one of the reasons I love my job. I act for a number of regulators in areas as diverse as agricultural marketing board to officers of the legislature. I work with regulators to determine how they can achieve the public good. That may sound cheesy but it is entirely honest. Regulators genuinely care about the area that they are regulating and want to ensure the safety and well being of the public. I can’t imagine a better client. When I act for people subject to regulation, I help them understand what they can and can’t do and advocate for why their project is within the public good or why they should be allowed to do something.

My major area of focus in administrative law is municipal law. Municipalities create and administer bylaws, operate transit systems, clear snow and fix potholes and determine what you can build on your property. I love working for municipalities. Most people in municipal government are genuinely committed to making their communities the best possible places to live and I get to work with a huge variety of professions from planners and architects to environmental consultants and municipal finance experts. Spend a day with a planner and you will never see your city the same way again. Municipal law shapes the communities we live in and how we come together. From setbacks and height regulations to uses and environmental protections, it all comes down to people and how we live, work and play in our communities while also respecting environmental and private property rights. 

From your Edify Edmonton profile, it seems like you’ve been able to follow your passions both in your career and volunteer work. What advice do you have for others who are hoping to do the same?

Don’t try and be cool.

I have never been a cool person. I have never sat in the back of the class. I have never held back from asking a question. I’ve always been a bit intense, a bit much and you know what? I don’t care. I have friends, family and a fiancé who love me exactly as I am, full-blown intensity and all.

Be the person who puts themselves out there. Show up to the club meeting – even if none of your friends will go with you. Volunteer to be on the executive. Sit in the front row of a class if you are interested in it and ask the questions you want to ask.

Don’t feel that you need to fit a certain mould of what your undergraduate experience should be like. Decide what you like and go after it wholeheartedly.

I am a partner at a law firm I only joined because I talked to someone in a bathroom. Be willing to put your name out there and ask for what you want – whether that be a job or a board position.

So many people miss out by being worried about what others will think of them or because they are afraid of failure. Don’t let your fear of others' judgment prevent you from living the life you want and don’t let your fear of failure stop you from pursuing the things you want.