News Aug 24, 2022 – 5:39 pm EDT
O’Bonsawin would be first Indigenous justice on Supreme Court if appointed
Nunavut MP Lori Idlout asked Supreme Court nominee Michelle O’Bonsawin what she thinks the Supreme Court can do to ensure Indigenous-language speaking “people are better heard in terms of seeking justice” on Wednesday in Ottawa. (Screenshot from the House of Commons committee meeting)
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Nunavut MP Lori Idlout questioned Supreme Court nominee Michelle O’Bonsawin about Indigenous laws and language barriers Indigenous people face in the court system Wednesday in Ottawa.
O’Bonsawin — nominated Friday by Prime Minister Justin Trudeau to be the first Indigenous justice on the supreme court — appeared before the House of Commons justice committee, whose Wednesday meeting was livestreamed.
Idlout, an NDP member and associate committee member, asked O’Bonsawin how she would ensure “Indigenous laws are seen and heard” if she is appointed to the Supreme Court.
“How will you, as an Indigenous justice, work with the Supreme Court of Canada to lead in the potential for Canada to be a pluralistic legal system that reconciles with Indigenous laws which have purposefully been ignored and hidden?” Idlout asked.
“In other words, how will you ensure that Indigenous laws are seen and heard?”
“What I can tell you is I live my traditions,” O’Bonsawin responded. “I bring these traditions and my heritage to the table.”
She said she hopes her legal experience dealing with mental health laws would also benefit Indigenous communities, many of which grapple with intergenerational trauma caused by the residential school system.
A Franco-Ontarian, O’Bonsawin is an Abenaki member of the Odanak First Nation.
Idlout also questioned O’Bonsawin on how the Supreme Court can ensure Indigenous people can access better language support within the justice system.
Referring to the committee meeting earlier in the day when translation from Inuktitut to English and French was not immediately available, Idlout asked O’Bonsawin how the Supreme Court can ensure Indigenous-language speaking “people are better heard in terms of seeking justice.”
“I think [language barriers are] often a reality that is experienced by individuals in the court system who have non-Indigenous lawyers that don’t understand them fully,” Idlout said.
O’Bonsawin responded, saying “I think it’s a bit difficult to provide an answer to that question, but I could tell you that in my experience in our court we have translation services.
“I would hope that if we appear in front of courts with our language, we would have proper translation [available].”
If appointed to the Supreme Court, O’Bonsawin would fill the vacancy left by Justice Michael Moldaver, who is set to retire on Sept. 1.
O’Bonsawin most recently served on the Ontario Superior Court in Ottawa.
I really wonder if these individuals feel to be token appointments or if they actually believe that they are being selected based on merit. A career with Canada Post and some mental health law is very narrow indeed to be on Canada’s top court.
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I guess I am old fashioned to believe that individuals being appointed to an office they hold as of right until age 75 should be based purely on merit, not the common polarizing philosophy that thinks an indigenous person will somehow render better verdicts than anyone else. I wonder if they did a blind selection based on credentials only if they would have the same nominee. Doubtful.
I suspect your intuitions might be right, at least some of the time. A person selected for the highest position in their field for criteria other than their accomplishments in that field probably should carry a feeling that they didn’t really earn it.
That is unfortunate for them, unfortunate for the field itself, and ultimately for all of us.
The counter will be that representation and diversity matter. I can agree to that to the extent that those come attached to whatever standards are in place for, in this case, a Supreme Court Justice, or manager, or ‘you name it’.
In reality we are seeing the subversion of standards across the board in the name of diversity for reasons you’ve identified; there is, we are told in subtle language, a kind of sociological ‘magic’ that comes attached to onboarding people of different backgrounds (read: ethnicity or race).
Is that true? Diversity of experience and background are good things, even more importantly is they contribute to viewpoint diversity, but I don’t think that is happening. If anything the ‘other’ selection criteria (never mentioned) appears seems to be ideological conformity.
Way to minimize Justice O’Bonsawin’s qualifications. Here is a comprehensive picture of her legal career as opposed to the crudely drawn cartoon you presented (from the Government of Canada website).
“The Honourable Michelle O’Bonsawin is a widely respected member of Canada’s legal community with a distinguished career spanning over 20 years.
Justice O’Bonsawin was appointed to the Ontario Superior Court of Justice in Ottawa in 2017, becoming the first Indigenous woman judge of that court. Prior to her appointment, she was General Counsel for the Royal Ottawa Health Care Group for eight years. In this role, she developed a thorough understanding of legal issues related to mental health and performed significant research regarding the use of Gladue principles in the forensic mental health system, appearing before various administrative tribunals and levels of courts, including the Human Rights Tribunal of Ontario, the Consent and Capacity Board, the Ontario Review Board, the Ontario Superior Court of Justice, the Ontario Court of Justice, and the Ontario Court of Appeal. She began her legal career with the legal services at the Royal Canadian Mounted Police and was then Counsel with Canada Post, specializing in labour and employment law, human rights, and privacy law.
Justice O’Bonsawin has taught Indigenous law at the University of Ottawa’s Common Law Program and was previously responsible for the Indigenous Relations Program at the Royal Ottawa Health Care Group. She is a frequent guest speaker on Gladue principles, Indigenous issues, as well as mental health, labour, and privacy law.
She previously served on the Board of Governors of the University of Ottawa, as well as its Executive Committee, and as a Board member for the Aboriginal Legal Services of the University of Ottawa Legal Aid Clinic. She is currently an observer member of the Membership Committee of Odanak First Nation, a Board member of the Canadian Institute for the Administration of Justice, and a Partner Judge for Afghanistan Women Judges with the International Association of Women Judges.”
These aren’t bad accomplishments at all, but I think the question of whether they warrant a position on the Supreme Court remains a reasonable one.
Often I was told that Inuit didn’t have such word as “You are welcome” until much later years.
Indigenous language and English is not the same at all. Indigenous use’s tone’s when they speak their language. One word can mean a lot of other meanings and it all depends what tone you speak it with.
Prime Minister Trudeau appointing indigenous is part of the step taking place as reconciliation. This is a huge step
All languages use “tones”…
Interesting critique. I hope that you are a bilingual 20+ year professional who earned your PhD while raising two children, working full time and writing scholarly papers while doing extensive volunteer work.
The woman is exceptional.
Your comments are classic elitist garble
Every SCC appointment is carefully chosen for diversity geography and gender. On top of diligent competence.
I sincerely hope you re-evaluate your approach to this issue.
Courts are in English and French, These are the official languages of Canada, period.
Stop with this bullshit of other indigenous languages, but provide a translator. Rights and laws are known to everybody, Caucasian, Indigenous, First Nations, Metis, and Inuit. There are over 50 languages and you cannot expect that everybody will be served based on the mother tongue. It’s already bad enough that there are special court rules for Inuit and other groups which makes offenders get off with a slap on your hand. Lori at her best…again. What else did you accomplish so far
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