Prime Minister Justin Trudeau appointed Ontario Justice Michelle O’Bonsawin to Canada’s Supreme Court on Friday, making her the first indigenous person set to sit on the country’s highest bench.
O’Bonsawin comes to court after spending five years as a judge at the Ontario Superior Court of Justice in Ottawa, where she was also the first indigenous woman to hold that position.
Prior to that, she spent eight years serving as general counsel for the Royal Ottawa Health Care Group. She has also taught law at the University of Ottawa and previously worked in legal services for the RCMP and Canada Post.
Born in Hanmer, Ontario, outside Sudbury, O’Bonsawin identifies as bilingual Franco-Ontario and an Abenaki member of the Odanak First Nation, according to a biography released by the Prime Minister’s Office.
The requirement of English-French bilingualism has been cited as a factor previously complicating efforts to find indigenous candidates for the court, amid longstanding criticism of diversity on the court.
“Canada’s top court has always been short of a person to interpret Canadian law through an indigenous lens, but not anymore,” Elmer St. Pierre, national head of the Congress of Aboriginal Peoples, said in a statement Wednesday, he said the organization is “excited” about the appointment.
“Indigenous peoples have long faced discrimination, racism and prejudice in Canada’s justice system, which has led to an over-representation of our people in courts and prisons. Governments must continue to ensure that indigenous voices help create laws, interpret them and enforce them”.
Last year, Justice Mahmoud Jamal became the first person of color to join the ranks of the Supreme Court.
O’Bonsawin’s appointment will fill the vacancy left by Justice Michael Moldaver, who is due to retire Sept. 1 a few months short of his 75th birthday, the court’s mandatory retirement age.
Before O’Bonsawin takes up his new role, the House of Commons justice committee is expected to meet next Wednesday to hear from the justice minister and the chairman of the Court’s Independent Advisory Board for Judicial Appointments. Supreme of Canada.
O’Bonsawin will then appear before the committee and members of the Senate for a question and answer session.
O’Bonsawin’s biography says that she “developed a thorough understanding of legal issues related to mental health” and “conducted significant research on the use of Gladue’s principles in the mental health forensic system.”
He successfully defended a doctoral thesis at the University of Ottawa earlier this year on the application of Gladue’s principles, which outline ways judges can consider the unique experiences of indigenous peoples.
In an online post last year, the Canadian Institute for the Administration of Justice quoted O’Bonsawin, one of its board members, as saying that his role model is former Supreme Court Justice Beverley McLachlin. “Throughout her career, she has shown great wisdom, dedication and poise,” O’Bonsawin said in the post.
A mandatory questionnaire released by the Department of Justice upon his appointment to the Ontario Superior Court detailed his experience with mental health law.
“I would like to ensure that the stigma associated with mental health is reduced and one day eliminated entirely. This applies not only to the general population but also to the judiciary,” O’Bonsawin wrote.
“Quickly identifying mental health issues early in any legal proceedings would help people more quickly access the appropriate treatment they need to improve their mental health and become productive members of society.”
She also wrote about her appreciation for the plight of Indigenous Peoples and described how she was discriminated against and made fun of as an indigenous girl growing up outside the reservation.
She said her experience as a Francophone indigenous woman, as a mother, and as a professional in the fields of mental health and indigenous law is “a stark example of the rich diversity that makes our country so special to me and my family.”
Responding to a question about the proper role of a judge in a constitutional democracy, O’Bonsawin wrote that judges must interpret the constitution as a living document and “demonstrate great skill in striking the delicate balance between the needs of the public and the rights of the public.” of citizenship”. individual.”
He said judges must be politically neutral, without outside influence, and always keep in mind that decisions “can help protect vulnerable populations, those who cannot speak for themselves and who are often exploited.”
In a video posted on the University of Ottawa website, O’Bonsawin described wanting to become a lawyer at the age of nine and turning it down when a high school counselor said he might not be in the cards for someone from a small community in northern Ontario.
“No, this is what I’m going to do,” he told her then. “Look at me.”
This report from The Canadian Press was first published on August 19, 2022.