An Indigenous justice

The appointment of a new justice of the Supreme Court is always a moment of historic import. There are only nine, they serve until age 75, and their decisions touch the most vital issues of our lives.

But as Prime Minister Justin Trudeau mulls the shortlist of candidates now before him, he has a unique opportunity to make an especially profound contribution to legal history, to the future of Canadian justice and to the relationship between Canada and First Nations. It is time the federal government put an Indigenous jurist on the Supreme Court.

On the 150th anniversary of Confederation, the appointment of the first Indigenous justice to the country’s highest court would be a powerful symbol of reconciliation, a project Trudeau has put at the centre of his agenda.

More than that, it would better position the legal system to respond to a longstanding crisis in Canadian justice: the vast over-representation of Indigenous people in prisons and courts.

As Justice Minister Jody Wilson-Raybould pointed out last year, while they form about 4.3 per cent of Canada’s population, Indigenous people make up more than a quarter of prison inmates. In some parts of the country, they are up to 33 times more likely to end up behind bars. No wonder 18 of the 93 calls to action from the Truth and Reconciliation Commission pertained to reforming our prisons and courts.

Adding an Indigenous perspective to the top court has the potential both to improve the quality of justice and to begin to build trust in communities that have long felt victimized by our legal system.

Candidates could include John Borrows, a renowned Anishinabe professor of law at the University of Victoria, who is creating a program that blends the study of Indigenous legal traditions with that of the common law. He would bring a valuable new perspective to the court. Mary Ellen Turpel-Lafond, too, has been rumoured to be among the top candidates. She spent 10 years as representative for children and youth in British Columbia, where she was an outspoken and dogged advocate.

Whatever the government decides, it should not ignore the widespread desire to see an Indigenous person on the highest court. Ideally, Trudeau would deliver now. If not, he should at least explain why it was not possible this time around — and ensure that the circumstances are right when the opportunity next arises. Toronto Star