CAYUGA—The history of Haldimand County is full of individuals who have made a major impact on the history of not only our community, but the country as a whole. High up on that list you will find Judge Helen Kinnear.
Born on May 6, 1894 in Cayuga to prominent local lawyer Louis Kinnear, she would go on to become the first woman in Canada to serve as a federally appointed judge, taking her seat right here in the Haldimand County court.
Kinnear’s career in law began in 1920 following her graduation from the University of Toronto where she studied English and history, followed by the Osgoode Hall Law School. In those early days, Kinnear set up shop with her father under the firm name Kinnear & Kinnear. She would go on to establish her own practice following her father’s death in 1924.
“Judge Helen Kinnear created many ‘firsts’ for not only Haldimand County, but Canada as a whole,” said Haldimand Museum Curator Geneva Gillis.
Those firsts, achieved in a time when the industry was male dominated, include becoming the first female lawyer in Welland County to appear before the Supreme Court of Ontario and then first female lawyer ever to appear before the Supreme Court of Canada.
In 1934, Kinnear became the first woman in the British Empire to be named a King’s Counsel, and nine years later was sitting as a county court judge in Haldimand.
According to historical documents provided by Haldimand Museums, her swearing-in ceremony was quite a big deal, with members of the Women’s Law Association of Ontario travelling to Cayuga to witness the ceremony and honouring her achievement at a dinner with the Toronto University Women’s Club on July 3, 1934.
Eventually, Kinnear would enter into politics as well, serving as president of the Welland County Liberal Association for two years and securing the Liberal nomination for the county. In 1941, however, due to the social politics of the time that heavily favoured male candidates, Kinnear stepped aside, ceding to a male candidate, Humphrey Mitchell.
Despite that setback, Kinnear would continue to take on social issues in her career, serving on the bench of juvenile and family courts, where she oversaw cases related to children, prisoners, and the mentally ill. She would also serve as the honourary president of the local Children’s Aid Society.
Kinnear was honoured on April 27, 1965 with a medal and citation for her humanitarian efforts by the John Howard Society of Ontario. The citation issued by the society at the time reads, “This award recognizes a life of public service, exemplified by personal concern for her fellow men, and quiet determination to advance the cause of human rights with particular concern for the offender against the criminal law.
“She merited honour from her profession as the first woman in the British Commonwealth to be appointed a King’s Counsel (in) 1934 and to the bench in 1943. She was the first woman lawyer to appear before the Supreme Court of Canada and is a member of the Minister’s Advisory Council on the treatment of the offender for the Province of Ontario.
“Her understanding of the contributions of the medical and behavioral sciences tempered the finding of the Royal Commissions on the Law and Insanity and the Criminal Sexual Psychopath.
“Her devotion to education as a member of the senate of the University of Toronto, and her church, reflect the inner integrity and dignity that characterized her public life.”
Following her passing on April 1, 1970, Kinnear was laid to rest at the Riverside Cemetery in Cayuga.
“Her story is one of perseverance and dedication that shattered stereotypes and challenged gender barriers in a time when the legal field was dominated by men,” concluded Gillis. “Judge Kinnear’s trailblazing not only called her to the bar, but set the bar.”
