Michelle O'Bonsawin says she hopes to make 'lasting contribution' to Supreme Court
Appearing before parliamentarians, incoming Supreme Court justice Michelle O’Bonsawin said she hopes her unique perspective will allow her to make a "lasting contribution" as the first Indigenous person chosen to sit on Canada's top court.
"I would hope that this experience, both background, personal, and also my professional experience… is something that's unique to me, and would be beneficial to myself on the Court and hopefully to the Court as a whole," said O’Bonsawin on Wednesday.
After opening with a few lines in the Abenaki language she fielded two hours of questions from members of the House of Commons Justice and Human Rights Committee, the Senate Committee on Legal and Constitutional Affairs, as well as a Green Party MP about her career, experiences, her goals in the new role, and her perspective on the law.
Moderated by the University of Ottawa's vice-dean of the French common law program Alain Roussy, parliamentarians were advised to not ask her to comment on issues that may come before the Supreme Court, citing the need to maintain judicial impartiality.
O'Bonsawin spoke about her views on the intersection of mental health issues and the legal system, her extensive research into Gladue principles, and access to justice challenges.
"My experience has assisted me as a judge to review all cases with an open mind and sensitivity," she said.
On Aug. 19, Prime Minister Justin Trudeau announced O’Bonsawin's nomination, and the appointment was quickly celebrated as filling an important role at the highest level of the country's justice system.
An Abenaki member of the Odanak First Nation, in her application O'Bonsawin wrote about her experience as a First Nations' lawyer and said as a child in a working-class household, it was her "dream" to become a lawyer. She said Wednesday when she was selected for an interview for this position she felt like that young girl again.
O’Bonsawin spoke about the help she's received from mentors, and also offered some personal insight about her family and home life. She shared with parliamentarians that husband is an engineer and a lawyer, and they have two sons. At home she has three dogs, eight chickens, one gecko, and aspires to add a cat into the mix.
A number of questions were put to the justice about her being the first Indigenous person to be nominated to the Supreme Court, and O’Bonsawin said being the first isn’t always easy.
“You’re under a microscope at times, but I've learned that how to go about it is just to be hardworking, do the best that I can with my background and my experience, and to remain humble, listen well, be collegial with others,” said O’Bonsawin. She emphasized the last point given she’s 48-years-old and will have many years on the top court before reaching the mandatory retirement age of 75. “I’m in it for the long haul,” she said.
Wednesday’s hearing was part of a process the Liberals instituted in 2016 meant to increase transparency in the Supreme Court vacancy appointment process.
The search that ultimately led to O'Bonsawin's nomination began in early April when Trudeau launched the selection process to identify candidates, giving prospective applicants until May 13 to apply.
It was then the job of an independent advisory board to consider applications and submit a short list for consideration to the prime minister. The board said it received 12 applications and ultimately interviewed six candidates. Trudeau was given the shortlist in late June, months before naming O’Bonsawin as his Supreme Court pick.
The process is enacted each time a vacancy is looming. In this case, O’Bonsawin 's nomination is to fill the vacancy created by the upcoming Sept. 1 retirement of Supreme Court Justice Michael Moldaver after 11 years on the top court. A vote is not required to confirm her appointment.
CHANGES COULD INCREASE DIVERSITY: CHAIR
Ahead of hearing from O’Bonsawin, members of the House of Commons Justice and Human Rights Committee heard from chair of independent advisory board chair and former PEI premier Wade MacLauchlan and Justice Minister David Lametti about the selection process and her nomination.
During their Wednesday morning committee appearance, MacLauchlan said while the selection of O'Bonsawin—a fluent, bilingual Ontario judge becoming the first Indigenous person chosen to sit on Canada’s top court—is evidence the independent process is working, there could be improvements. He suggested changes to the process that could ensure more diverse candidates continue to put their names forward.
"If this were an ongoing conversation—as opposed to something that we scrambled to do just in the face of an imminent departure from the Court and the need to recruit a new candidate—I think it might be something that could broaden the scope of candidates," MacLauchlan said, referencing comments made by his predecessor in the role, former prime minister Kim Campbell. "I concur with these comments."
He also said the process could benefit by having more time for candidates to consider applying, and then for the board to assess the applications received.
Justice Michelle O'Bonsawin participates a special meeting of the Standing Committee on Justice and Human Rights, following her nomination to the Supreme Court of Canada, in Ottawa, on Wednesday, Aug. 24, 2022. THE CANADIAN PRESS/Justin Tang
Justice Michelle O'Bonsawin participates a special meeting of the Standing Committee on Justice and Human Rights, following her nomination to the Supreme Court of Canada, in Ottawa, on Wednesday, Aug. 24, 2022. THE CANADIAN PRESS/Justin Tang
"The process involves considerable study, discernment, and consideration of many details in the space of approximately six weeks or even less… The work was done with diligence, collaboration, judgment, and that helped the process. That being said though, I think an additional week or two for the timeframe would be beneficial for future appointments to the Supreme Court," he said.
Given it may now be some time before the next appointment, MacLauchlan suggested it could be an opportunity for these changes to be made and begin outreach to potential future jurists well in advance.
"Quite a bit of getting the word out is not so much to give notice, but to set in motion networks of encouragement. Lawyers and jurists, who are highly qualified in a way that makes them contenders for appointment to the Supreme Court of Canada, are not in the habit of applying for a job. They may need an encouraging nudge from colleagues, they will need to talk it over at home to weigh family considerations, including what it means to move and relocate to Ottawa," MacLauchlan said.
Lametti touted the process on Wednesday, saying O’Bonsawin's appointment is an indication that it "produces nominations of exceptional judges who bring to the Court not just uncontested judicial excellence, but also a rich humanity and a deep understanding of the diversity of Canada."
"I'm confident she will serve Canadians exceptionally, upholding the Court's highest ideals, and guiding the evolution of Canada's laws," Lametti told the committee.
APPOINTMENT LAUDED AS AN INSPIRATION
O’Bonsawin has been a judge at Ontario’s Superior Court of Justice in Ottawa since 2017, and earlier this year, she successfully defended her PhD thesis on the application of Gladue principles, which are ways for courts to consider the experiences of Indigenous people when making sentencing decisions.
"It was a good thing that I'm a really organized woman," she told the committee.
The incoming justice has also been described as having expertise in mental health, human rights and employment law, stemming from her experience working as general counsel for the Royal Ottawa, a specialized mental health hospital in Ottawa, with the legal services at the Royal Canadian Mounted Police, and as counsel for Canada Post.
When her nomination was announced, Indigenous leaders touted her appointment as an inspiration and one that will see the Supreme Court enriched by having a justice on its bench that can interpret Canadian laws through an Indigenous lens.
During the Wednesday morning hearing, NDP MP for Nunavut Lori Idlout said O'Bonsawin's appointment "opens up the opportunity for a pluralistic legal system to be established and recognized," and called on the federal government to ensure it is not a one-time move without further follow through when it comes to reconciliation in the justice system.
Other MPs and senators voiced optimism for the move being another step, following last year's appointment of Justice Mahmud Jamal, towards ensuring the Supreme Court of Canada reflects the population of Canadians.
"I wrote in my book after you finished your opening comments: 'So normal and so exceptional.' I think that those are the characteristics that have come through in your questions and responses, and I thank you for that," said Sen. Peter Harder during the afternoon session.
Ahead of O’Bonsawin’s remarks, Liberal MP for Nova Scotia Jaime Battiste called it "a great day."
"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," he said.
Responding to Battiste, Lametti said he agreed with how important it was for Indigenous people to see themselves "in what are quite frankly colonial institutions, and see their participation as a way of making those institutions better, and see this as a way of making Canadian law better."
IN DEPTH
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
'Democracy requires constant vigilance' Trudeau testifies at inquiry into foreign election interference in Canada
Prime Minister Justin Trudeau testified Wednesday before the national public inquiry into foreign interference in Canada's electoral processes, following a day of testimony from top cabinet ministers about allegations of meddling in the 2019 and 2021 federal elections. Recap all the prime minister had to say.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
Supports for passengers, farmers, artists: 7 bills from MPs and Senators to watch in 2024
When parliamentarians return to Ottawa in a few weeks to kick off the 2024 sitting, there are a few bills from MPs and senators that will be worth keeping an eye on, from a 'gutted' proposal to offer a carbon tax break to farmers, to an initiative aimed at improving Canada's DNA data bank.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
NEW She developed a passion for genealogy while finding her roots. Now she helps others find their own
Lauren Robilliard always knew she was adopted. As the B.C. native grew older, she developed a passion for genealogy, tracing her roots and paving the way for a career to help others find their own.
Papua New Guinea says landslide buried more than 2,000 people
A Papua New Guinea government official has told the United Nations more than 2,000 people were believed to have been buried alive by Friday's landslide and has formally asked for international help.
NEW A cross-country look at beer and wine in convenience stores
By Labour Day weekend, Ontarians of legal drinking age could snag a six-pack at their local convenience store on the way to the cottage. But what are alcohol sales like across the country? Here's what we know.
The dreams of a 60-year-old beauty contestant come to an abrupt end in Argentina
A 60-year-old woman saw her dreams of becoming the oldest Miss Universe contestant in history melt away in a haze of sequins and selfies Saturday at Argentina’s annual beauty pageant.
Are you a loud snorer? You could have sleep apnea
You'll have a lot more energy throughout the day if you get a good night's sleep, but not everyone does due to a medical condition.
'We were vetted': Sex-ed organization 'disappointed' over Higgs' comments
The head of a Quebec-based sexual and reproductive health organization says she's disappointed New Brunswick Premier Blaine Higgs has deemed presentations she did in the province last week inappropriate.
Cyclone floods coastal villages, blows away thatched roofs and cuts power in Bangladesh and India
A cyclone flooded coastal villages, blew away thatched roofs and left hundreds of thousands of people without power Monday in southern Bangladesh and eastern India. At least seven deaths were reported.
This type of screen time has the worst effect on kids: experts
According to some experts, there is one type of screen time that is continuously excessive, and it's having a severe effect on our children.
DEVELOPING Indigo Books & Music shareholders to vote on privatization sale
Indigo Books & Music Inc. shareholders are expected to vote this morning on whether the retailer should accept a sweetened offer from a holding company that plans to take the bookstore chain private.
Local Spotlight
'Inspires a sense of adventure': Sask. man conquers Mount Everest
A Saskatchewan man made it to the summit of Mount Everest earlier this month.
New gold mine in northern Ontario could become biggest in Canada
IAMGOLD’s Cote Gold open pit mine, located off Highway 144 between Timmins and Sudbury, had its official ribbon-cutting ceremony this week as production ramps up.
Pomp, circumstance, and Crocs: Barrie, Ont. couple's unforgettable day at Buckingham Palace
When one is extended an invitation to the Royal Garden Party in London, England, there's undoubtedly no shortage of pomp and circumstance. Barrie, Ont. natives Megan Kirk Chang and her husband Brandon experienced just that as they entered the prestigious event hosted at Buckingham Palace on Tuesday.
Tim Meadows pledges not to shave until the Oilers win the cup, who are the team's other famous fans?
An unlikely celebrity emerged from social media to cheer on the Edmonton Oilers as they face the Dallas Stars tonight in Game 1 of the Western Conference Finals.
'Near and dear to all filmmakers': Return of Regina's discount theatre bodes well for fans, movie makers alike
The proprietors of Regina's sole discount theatre are aware they're carrying on a significant legacy.
'Best experience ever': B.C. baker on making it to the finals of Netflix's 'Is it Cake?'
When Jujhar Mann said he wanted to be a pastry chef on a grade school career project, he didn't imagine that pursuing his dream would land him on a popular Netflix baking competition.
Winnipeg flair on the menu at neighbourhood Houston restaurant
A city known for its history, ties to outer space and southern barbecue, is also home to a Winnipeg chef dishing out dozens of perogies.
Montreal photographer captures dramatic Canada goose vs. fox fight on video
A Montreal photographer captured the moment a Canada goose defended itself from a fox at the Botanical Garden.
Beyond books: Halifax libraries lends instruments, sports equipment, memory kits and more
Public libraries in Atlantic Canada are now lending a broader range of items.