‘The best I can, right to the end’: Senator Cotter retires from the Senate
Before his Senate appointment, Senator Brent Cotter was best known as a Canadian pioneer in legal ethics. He co-wrote textbooks and taught university courses on the topic long before it became a mandatory class in law schools across Canada. It earned him a Lifetime Achievement Award from the Canadian Association for Legal Ethics last year. One of his nominators described him as “positive, cheerful, kind, helpful and supportive.”
Senator Cotter’s long career in public service includes senior roles in Saskatchewan’s provincial government, such as Deputy Minister of Justice, Deputy Attorney General and Deputy Minister of Intergovernmental and Aboriginal Affairs.
Before his retirement on December 18, 2024, Senator Cotter sat down with SenCAplus to talk about his legal and public sector career, his time in the Senate and using humour as a tool in the Red Chamber.
You were appointed in early 2020. What made you want to apply to become a senator?
In 2016, a friend of mine in Saskatchewan suggested that I apply. I thought about it and then I decided to put together an application. I didn’t hear anything for about three years, and I had largely written it off. But then one Friday someone from the Prime Minister’s Office phoned me for an interview, and the following Monday, Prime Minister Justin Trudeau called with an appointment offer. I came to Ottawa the next day. I was 70 years old when I got the call and I knew I had just under five years at the Senate, so I might as well throw myself into the job.
You have been a champion for people with disabilities, notably through your sponsorship of Bill C-22, the Canada Disability Benefit Act. What is your personal connection to this cause and why was it important for you to see this bill passed?
My 44-year-old daughter Kelly is intellectually disabled, and she lives in an assisted living community on Vancouver Island. The residents in this community make colourful pillows with donated wool that they weave using looms. Almost a year after I came to the Red Chamber, Senator Jim Munson — who was a champion for people with disabilities — was retiring. I told my daughter that she should make a pillow as a gift from the disability community for him. She decided that her community should make 100 pillows for every senator instead.
Kelly has long been an advocate for people with disabilities and I have supported her, though I’m nowhere near the forefront of this cause. I think the 100 Pillow Project is the reason why I was asked to sponsor Bill C-22 in the Senate. I became enthusiastic about it.
I’m very happy with the outcome of Bill C-22, but I’m disappointed with its implementation because the government has chosen narrow criteria for determining who can benefit.
You were one of the first professors and writers in the field of legal ethics in Canada. How did you become interested in this aspect of Canadian law?
It goes back to the Watergate scandal of the 1970s. I was a student at the time, and I remember watching the U.S. Senate hearings on TV when it was revealed that several lawyers had been involved in covering up this crime. A few years later, the American Bar Association made it so that every law school in the country had to teach a compulsory course in legal ethics.
I happened to be at Duke University in North Carolina, working on a writing project while on sabbatical leave from Dalhousie University, when this rule went into effect. The dean of Duke’s law school asked me to teach a first-year mandatory course in legal ethics. I accepted, and then I fell in love with the subject matter. When I came back to Dal, I persuaded the university to include a compulsory legal ethics course. We became the third law school in the country to do so, and it’s now embedded in every law school in Canada.
You have served as chair of the Legal and Constitutional Affairs committee, as deputy chair of the Ethics and Conflict of Interest for Senators committee and as a member of the Senate Committee on Agriculture and Forestry. What legislative or committee work stands out to you?
I’ll admit that I didn’t have high expectations for the agriculture committee; I only signed up because agriculture is particularly important to Saskatchewan. But we did a major study on soil health that was more fulfilling than I had expected. As I’ve previously said, I came to doubt and stayed to pray. It’s been a delightful experience and the chair, Senator Rob Black, is unbelievably devoted to agriculture.
As for the legal affairs committee, I tried my best to run a fair and neutral committee as its chair. We had some heated debates, but I found the senators on the committee were respectful. And serving on the Ethics and Conflict of Interest for Senators committee under Senator Judith G. Seidman has been a wonderful experience.
Also, the clerks and the staff provide terrific support to the committees. They regard the role of senator with such respect, and they inspired me to think more deeply about my role.
Members of the Senate Committee on Agriculture and Forestry visit the Glacier FarmMedia Discovery Farm in Langham, Saskatchewan, as part of the committee’s study of soil health. From left, senators David M. Arnot, Sharon Burey, Paula Simons, Rob Black and Brent Cotter.
You are known for sharing funny stories and jokes in the Senate Chamber. How have you maintained your sense of humour while working long days and nights in the Upper House?
I grew up in a close and loving family. My father was a very kind and gentle person. He didn’t put himself out there very much, but he was often asked to emcee events because he had a charming sense of humour. He used to say that if you want to connect with your audience, then do so in a warm way. Then it becomes much easier for others to receive and embrace the point that you’re trying to make. I often look for opportunities to tell a funny story because it usually captures people’s attention.
For example, Senator Paula Simons asked me to speak to her inquiry on Canadian municipalities. I started my speech by telling the story of my first day at law school in Halifax. I’d travelled by train from Moose Jaw all the way to Nova Scotia, and I didn’t know a single person east of Toronto. I was sitting in the student lounge, and a guy came up to me and introduced himself as Jim McPherson from Lunenburg, Nova Scotia. I said I’m Brent Cotter from Moose Jaw, Saskatchewan. Then he said to me, “We have a lot of traditions and ways of doing things in Lunenburg. And I’m sure there are lots of traditions and ways of doing things in Moose Jaw. But one of the things we don’t do is we don’t go around with our flies down.”
I guess my fly was down and he noticed it from across the room. But I used this funny and self-deprecating story to talk about how we connect with each other through our communities.
What’s something most Canadians would be surprised to learn about you?
I used to be a competitive curler, and I curled for Team Nova Scotia in the 1981 Brier in Halifax. We didn’t do very well, and we were fairly dysfunctional, but the crowd was very supportive of the home team. I was a relatively young law professor, so I eventually drifted away from the competitive side of curling.
What is your advice to future senators?
Think about what you want to achieve from the outset, and then find ways to fit into the institution to reach your goals. This role comes with a significant learning curve, but you can find small ways to build credibility with your Senate colleagues. For example, my role at the Senate has been similar to my role as a deputy minister, which was to provide legal guidance on the initiatives of others. I take a lot of satisfaction in that. I was never interested in being a high-profile senator.
That being said, I think future senators should decide how they want to communicate with their communities. I was not on social media, and I regret that I didn’t have a better communications plan. I would encourage the next senator to decide whether and how they want to do that.
What are your retirement plans?
I don’t know yet, but I have too much energy to just retire. I will probably seek opportunities on a part-time basis, likely in the public sector. My partner retired in June and she’s keen for us to travel, so we will plan for that. It’s inappropriate for me to be looking for an opportunity while I’m still a senator, so I’ll turn my mind to that on the morning of December 18. I want to do it the best I can, right to the end.
Hopefully, I’ve made a modest contribution and people have gotten some value out of me while I’ve been here. It’s been a fulfilling experience.
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‘The best I can, right to the end’: Senator Cotter retires from the Senate
Before his Senate appointment, Senator Brent Cotter was best known as a Canadian pioneer in legal ethics. He co-wrote textbooks and taught university courses on the topic long before it became a mandatory class in law schools across Canada. It earned him a Lifetime Achievement Award from the Canadian Association for Legal Ethics last year. One of his nominators described him as “positive, cheerful, kind, helpful and supportive.”
Senator Cotter’s long career in public service includes senior roles in Saskatchewan’s provincial government, such as Deputy Minister of Justice, Deputy Attorney General and Deputy Minister of Intergovernmental and Aboriginal Affairs.
Before his retirement on December 18, 2024, Senator Cotter sat down with SenCAplus to talk about his legal and public sector career, his time in the Senate and using humour as a tool in the Red Chamber.
You were appointed in early 2020. What made you want to apply to become a senator?
In 2016, a friend of mine in Saskatchewan suggested that I apply. I thought about it and then I decided to put together an application. I didn’t hear anything for about three years, and I had largely written it off. But then one Friday someone from the Prime Minister’s Office phoned me for an interview, and the following Monday, Prime Minister Justin Trudeau called with an appointment offer. I came to Ottawa the next day. I was 70 years old when I got the call and I knew I had just under five years at the Senate, so I might as well throw myself into the job.
You have been a champion for people with disabilities, notably through your sponsorship of Bill C-22, the Canada Disability Benefit Act. What is your personal connection to this cause and why was it important for you to see this bill passed?
My 44-year-old daughter Kelly is intellectually disabled, and she lives in an assisted living community on Vancouver Island. The residents in this community make colourful pillows with donated wool that they weave using looms. Almost a year after I came to the Red Chamber, Senator Jim Munson — who was a champion for people with disabilities — was retiring. I told my daughter that she should make a pillow as a gift from the disability community for him. She decided that her community should make 100 pillows for every senator instead.
Kelly has long been an advocate for people with disabilities and I have supported her, though I’m nowhere near the forefront of this cause. I think the 100 Pillow Project is the reason why I was asked to sponsor Bill C-22 in the Senate. I became enthusiastic about it.
I’m very happy with the outcome of Bill C-22, but I’m disappointed with its implementation because the government has chosen narrow criteria for determining who can benefit.
You were one of the first professors and writers in the field of legal ethics in Canada. How did you become interested in this aspect of Canadian law?
It goes back to the Watergate scandal of the 1970s. I was a student at the time, and I remember watching the U.S. Senate hearings on TV when it was revealed that several lawyers had been involved in covering up this crime. A few years later, the American Bar Association made it so that every law school in the country had to teach a compulsory course in legal ethics.
I happened to be at Duke University in North Carolina, working on a writing project while on sabbatical leave from Dalhousie University, when this rule went into effect. The dean of Duke’s law school asked me to teach a first-year mandatory course in legal ethics. I accepted, and then I fell in love with the subject matter. When I came back to Dal, I persuaded the university to include a compulsory legal ethics course. We became the third law school in the country to do so, and it’s now embedded in every law school in Canada.
You have served as chair of the Legal and Constitutional Affairs committee, as deputy chair of the Ethics and Conflict of Interest for Senators committee and as a member of the Senate Committee on Agriculture and Forestry. What legislative or committee work stands out to you?
I’ll admit that I didn’t have high expectations for the agriculture committee; I only signed up because agriculture is particularly important to Saskatchewan. But we did a major study on soil health that was more fulfilling than I had expected. As I’ve previously said, I came to doubt and stayed to pray. It’s been a delightful experience and the chair, Senator Rob Black, is unbelievably devoted to agriculture.
As for the legal affairs committee, I tried my best to run a fair and neutral committee as its chair. We had some heated debates, but I found the senators on the committee were respectful. And serving on the Ethics and Conflict of Interest for Senators committee under Senator Judith G. Seidman has been a wonderful experience.
Also, the clerks and the staff provide terrific support to the committees. They regard the role of senator with such respect, and they inspired me to think more deeply about my role.
Members of the Senate Committee on Agriculture and Forestry visit the Glacier FarmMedia Discovery Farm in Langham, Saskatchewan, as part of the committee’s study of soil health. From left, senators David M. Arnot, Sharon Burey, Paula Simons, Rob Black and Brent Cotter.
You are known for sharing funny stories and jokes in the Senate Chamber. How have you maintained your sense of humour while working long days and nights in the Upper House?
I grew up in a close and loving family. My father was a very kind and gentle person. He didn’t put himself out there very much, but he was often asked to emcee events because he had a charming sense of humour. He used to say that if you want to connect with your audience, then do so in a warm way. Then it becomes much easier for others to receive and embrace the point that you’re trying to make. I often look for opportunities to tell a funny story because it usually captures people’s attention.
For example, Senator Paula Simons asked me to speak to her inquiry on Canadian municipalities. I started my speech by telling the story of my first day at law school in Halifax. I’d travelled by train from Moose Jaw all the way to Nova Scotia, and I didn’t know a single person east of Toronto. I was sitting in the student lounge, and a guy came up to me and introduced himself as Jim McPherson from Lunenburg, Nova Scotia. I said I’m Brent Cotter from Moose Jaw, Saskatchewan. Then he said to me, “We have a lot of traditions and ways of doing things in Lunenburg. And I’m sure there are lots of traditions and ways of doing things in Moose Jaw. But one of the things we don’t do is we don’t go around with our flies down.”
I guess my fly was down and he noticed it from across the room. But I used this funny and self-deprecating story to talk about how we connect with each other through our communities.
What’s something most Canadians would be surprised to learn about you?
I used to be a competitive curler, and I curled for Team Nova Scotia in the 1981 Brier in Halifax. We didn’t do very well, and we were fairly dysfunctional, but the crowd was very supportive of the home team. I was a relatively young law professor, so I eventually drifted away from the competitive side of curling.
What is your advice to future senators?
Think about what you want to achieve from the outset, and then find ways to fit into the institution to reach your goals. This role comes with a significant learning curve, but you can find small ways to build credibility with your Senate colleagues. For example, my role at the Senate has been similar to my role as a deputy minister, which was to provide legal guidance on the initiatives of others. I take a lot of satisfaction in that. I was never interested in being a high-profile senator.
That being said, I think future senators should decide how they want to communicate with their communities. I was not on social media, and I regret that I didn’t have a better communications plan. I would encourage the next senator to decide whether and how they want to do that.
What are your retirement plans?
I don’t know yet, but I have too much energy to just retire. I will probably seek opportunities on a part-time basis, likely in the public sector. My partner retired in June and she’s keen for us to travel, so we will plan for that. It’s inappropriate for me to be looking for an opportunity while I’m still a senator, so I’ll turn my mind to that on the morning of December 18. I want to do it the best I can, right to the end.
Hopefully, I’ve made a modest contribution and people have gotten some value out of me while I’ve been here. It’s been a fulfilling experience.