Montreal Gazette

O'bonsawin nominated to Supreme Court

- MARIE-DANIELLE SMITH

• Prime Minister Justin Trudeau nominated Ontario judge Michelle O'bonsawin to the Supreme Court of Canada on Friday, making her poised to be the first Indigenous person to sit on the country's highest bench.

O'bonsawin comes to the court after spending five years as a judge at the Ontario Superior Court of Justice in Ottawa, where she was also the first Indigenous woman to hold that position.

Before that, she spent eight years serving as the Royal Ottawa Health Care Group's general counsel. She has also taught law at the University of Ottawa, and earlier worked in legal services for the RCMP and Canada Post.

Born in Hanmer, Ont., just outside Sudbury, O'bonsawin identifies as a bilingual Franco-ontarian and an Abenaki member of the Odanak First Nation, according to a biography released by the Prime Minister's Office.

“Canada's top court has always been missing an individual to interpret Canadian laws through an Indigenous lens — but not anymore,” Elmer St. Pierre, the national chief of the Congress of Aboriginal Peoples, said in a statement Friday. The congress said it is “thrilled” about the decision — the same word used by the Canadian Bar Associatio­n, which said O'bonsawin will be a “great asset” for the court.

Last year, Justice Mahmud Jamal became the first person of colour to join the Supreme Court's ranks.

O'bonsawin will fill the vacancy left by Justice Michael Moldaver, who is set to retire Sept. 1 a few months before he turns 75, the court's mandatory retirement age.

Before O'bonsawin begins in the new role, the House of Commons justice committee is expected to meet next Wednesday to hear from the justice minister and the chairperso­n of the independen­t advisory board for Supreme Court appointmen­ts.

O'bonsawin's biography says she has “developed a thorough understand­ing of legal issues related to mental health” and “performed significan­t research regarding the use of Gladue principles in the forensic mental-health system.”

She successful­ly defended a PHD thesis at the University of Ottawa earlier this year about the applicatio­n of Gladue principles, which outline ways for judges to consider the unique experience­s of Indigenous Peoples.

A required questionna­ire posted by the Department of Justice upon her appointmen­t to the Ontario Superior Court elaborated on her experience with mental-health law.

“I would like to ensure that the stigma associated with mental health is reduced and one day completely eliminated. This applies not only to the general population but also to the judiciary,” O'bonsawin wrote.”

She also wrote about her appreciati­on for the situation of Indigenous Peoples and described being discrimina­ted against and made fun of as a young Indigenous girl growing up off-reserve.

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