Journal Pioneer

Balanced judiciary is necessary and overdue

- BY BRIAN FRANCIS Brian Francis is chief of the Abegweit First Nation.

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.

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