Supreme Court appointee O'Bonsawin says she's a judge first, Indigenous person second
O'Bonsawin says she hopes to inspire young Indigenous women to achieve their dreams
The first Indigenous justice to be nominated to the Supreme Court of Canada says that while she knows her cultural background will inform her decisions, she will remain objective in her work because she is a judge first and an Indigenous person second.
"I'm a judge first and an Indigenous person and a mother and a Franco-Ontarian afterwards," Michelle O'Bonsawin, a fluently bilingual Franco-Ontarian Abenaki from Odanak, told Parliamentarians Wednesday.
"I think what's important for me to remember is my roots and the voice that I bring, my life experience but also my background as someone who's worked in mental health law, Indigenous issues and also in labour and employment and human rights."
O'Bonsawin said she hopes to inspire young Indigenous and non-Indigneous women to pursue their dreams.
"I come from a very small rural area where I was told, 'Ah Michelle, you're likely not going to be a lawyer because you come from this small town in Northern Ontario,'" she said. "But at the end of the day, if you work hard and your heart's in it, you can go and do what you want.
"I am hoping that young people ... Indigenous women also, will see that anything is possible if you set your mind to it."
Wednesday's Q&A session with MPs and senators — moderated by Alain Roussy, the vice-dean of the French Common Law Program at the University of Ottawa — is considered an informal opportunity for parliamentarians to get to know the incoming justice.
During the session, O'Bonsawin was asked how she would ensure that Indigenous legal traditions are seen and heard. She said that they will inform her perspective but she is only one voice among nine.
"I am a voice at the table. I bring my background as an Indigenous mother of two sons and everything that comes with all of my background," she said. "What I can tell you is I live my traditions, I bring these traditions and my heritage to the table.
"I am a voice [among] nine where we make our decisions based on the file that's in front of us, and the facts and the law as its presented, but I can tell you I do bring my voice as an Indigenous person and that's what I have to offer, in addition to my own experiences and also ... my work experiences."
O'Bonsawin has experience in labour law, mental health law as it relates to criminal law and Indigenous law. Her PhD work focused on Gladue principles, which allow judges to consider unique Indigenous circumstances when trying a case.
WATCH: Michelle O'Bonsawin discusses Indigenous law
O'Bonsawin was the first Indigenous woman to serve on the Ontario Superior Court of Justice. Former federal justice minister and attorney general Jody Wilson-Raybould nominated her for that position in 2017.
"It's not easy always being a first because you're under a microscope at times," she said.
"I've learned how to go about it is just to be hard-working, do the best that I can with my background and my experience, to remain humble, listen well, be collegial with others … I'm in it for the long haul so I definitely want to get along and play well with others."
Diversity on the top court essential, says Lametti
Speaking to MPs on the Commons justice and human rights committee earlier in the day about O'Bonsawin joining the court, Justice Minister David Lametti said her appointment is important for Indigenous people and that she will improve "the substance of legal decisions" from the top court.
"It is extremely important that Indigenous peoples be able to see themselves in what are, quite frankly colonial institutions," he said.
"It's incredibly important to have that diversity reflected in the deliberations of those nine justices of the Supreme Court but it's also critically important for everyone else throughout the system to know that this is possible."
Lametti also said O'Bonsawin's elevation to Canada's top court will help revitalize Indigenous legal systems as projects in that area of law move forward.
Watch: Justice minister on relationship between Indigenous people, Canadian legal system:
In an emotional appearance before the committee, Canada's first Mi'kmaq MP told his fellow MPs that O'Bonsawin's appointment answers his long-held dream of seeing an Indigenous jurist on Canada's top court.
"It's a great day for many reasons," said Nova Scotia Liberal MP Jamie Battiste. "As someone who is a member of the Indigenous Bar Association for more than 20 years — as a student and then coming back as an Indigenous parliamentarian — I often heard the advocacy and the dream that someday … we would see an Indigenous nominee to the Supreme Court of Canada."
Battiste said O'Bonsawin's appointment is also key to the ongoing development of Indigenous law in Canada, noting that a quarter of the calls for action that came out of the Truth and Reconciliation Commission recommended Indigenous equity in the legal system.
Lametti said that O'Bonsawin's background will provide the court with a grounding in criminal law, especially mental health law, that will enrich the court's decision-making processes. He also drew attention to her bilingualism.
"Let there be no doubt that there are qualified Indigenous candidates who speak both official languages," he said.
The minister described O'Bonsawin as a hard-working individual dedicated to public service who is always working to elevate her skills and experience. He noted that she completed her doctorate while sitting as a Superior Court judge.
"As someone who has completed a PhD, I must admit I find it hard to imagine doing so while having a full-time job as demanding as that of a Superior Court judge," he said.
During Lametti's appearance before MPs at committee, Conservative MP Rob Moore asked him why the question and answer session with O'Bonsawin took place in an informal setting presided over by a member of the public, instead of a more formal setting governed by Parliament.
Lametti defended the appointment process, saying it allows for "parliamentary input but [does] not turn into something that happens occasionally south of the border, where it becomes hyper-political and hyper-partisan in terms of the nomination process for Supreme Court Judges."
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