Balanced judiciary is necessary and overdue
I write further to John W.A. Curtis’ letter in relation to the Supreme Court of P.E.I. in which he questions political patronage appointments.
While there is merit to that point of view, there is another aspect, which must be considered — a balanced court that reflects a variety of perspectives from our society.
Specifically, it is long past time when the perspective of the Indigenous Mi’kmaq of this province is available to the court as it administers justice on P.E.I. Prime Minister Justin Trudeau often speaks about the importance of reconciliation between the Crown and Indigenous Peoples; however until the judicial branch of government possesses an understanding of the background, history and culture of the Indigenous community, true reconciliation will not be possible.
The justices of the Court must be intelligent, compassionate, have a strong sense of fairness and be skilled in legal interpretation; and I am not suggesting that the traits are not embodied in the current composition of the Bench. However, for a justice system to be truly just, it must be representative of the diversity of the population it serves.
The current court does not have any members with long term expertise or a substantive background related to the Indigenous Mi’kmaq, and this must change. Considering the well documented, gross over-representation of the Indigenous community in the criminal justice system, the importance of Mi’kmaq land claims, and the role of the court in interpretation of constitutionally protected Mi’kmaq, Aboriginal and treaty rights, it is imperative that the judiciary have a perspective of indigenous matters from an appointee who has significant experience with the First Nations in this province and a comprehensive understanding of the issues faced by the Mi’kmaq.
It is important to recognize that the appointment of a judge who truly understands Indigenous issues does not stack the judicial deck in favor of the Mi’kmaq; but having an enlightened perspective of a judge who understands the Indigenous point of view is the least that we should be able to expect from a system grounded in the principle of fairness. While there are many factors that might ultimately lead of reconciliation, until the institution which passes final judgment on our laws and policies has true balance, and is able to deliberate on matters through the lens of those of us whose ancestors have inhabited this Island for over 12,000 years, it will remain elusive.
Prime Minister Justin Trudeau often speaks about the importance of reconciliation between the Crown and Indigenous Peoples; however until the judicial branch of government possesses an understanding of the background, history and culture of the Indigenous community, true reconciliation will not be possible.