Marking one month as a judge on the Supreme Court of Canada, Michelle O'Bonsawin, speaks with Evan Solomon about why she wants people to see her as a judge first and the first Indigenous justice to sit on Canada's highest bench, second.
In the interview, O'Bonsawin also discusses the changing makeup as well as the politicization of the Supreme Court of Canada, and the legal challenges facing courts and the country's justice system writ large.
"But as the first Indigenous judge to be named to the Court, I think it's important for those to understand that I have my own background that's relevant to me as a Franco Ontarian and an Indigenous woman and I bring that view to the Court that is unique." Evan Solomon: I guess the other question is what took so long. The first woman was appointed in 1982, the first Jewish justice in 1970. The first person of colour just in the last year, now the first Indigenous person on the Court. What took so long? And what will change because we now have a court that reflects our country significantly more accurately than it used to?"I really don't know what the answer is.
Evan Solomon: Although, you see the politicization of the Bank of Canada, like this is happening now. The Court is fodder for political debate in which, I guess, it's not bad that the Court's decisions are debated?"Yeah, at the end of the day, we're independent and I would definitely say we don't fall in the realm as you see in other countries."
Evan Solomon: There's a concept that a lot of Canadians may not be familiar with. Some will be, but you said you're a strong proponent of talking about the Gladue principles, which means taking into account the backgrounds of Indigenous peoples and personal backgrounds in terms of their incarceration. Why is that so important? And how does that function?"Well, I think it's really important.
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