O’Bonsawin a prime ministerial appointment better than most

Most prime ministerial appointments are routine: reasonable selections of persons to carry out duties associated with Canada's peace, order, and good government. Occasionally there are appointments which break with the past and provide some confirmation that a prime minister sees far beyond the routine and appoints a person capable of shaping our collective future. Michelle O’Bonsawin's appointment as a Supreme Court justice does that. It more than breaks with the past, it creates hope for our future. Her appointment confirms our legal system will contribute to a future where the egregious wrongdoings of more than 600 years are corrected through the application of law. O’Bonsawin is an Abenaki member of the Odanak First Nation. In addition to her legal background, she is someone whose personal experience has been shaped by the most egregious of wrongdoing: racism, disparagement, and political and economic inferiority emphasized by ongoing colonialism. In her public comments, O’Bonsawin has demonstrated the understanding and associated wisdom of those wrongdoings. But uniquely, she has demonstrated a measure of modesty—even self-effacement—and for a lawyer, revealed a rare hint of a healthy sense of humour. Her appointment also dramatically illustrates the episodic and informal, even accidental, way in which Indigenous people obtain appropriate representation in the government structures that make and enforce the decisions affecting their lives. There is no system that sets aside guaranteed space for Indigenous people in elected or appointed positions to ensure representation, whether it be in the Senate or federal and provincial bodies. There have been minor changes. The appointment of Mary Simon as governor general is the most significant. The occasional appointment of an Indigenous person to the Red Chamber or the infrequent election of similar persons to the House of Commons is becoming more common. However, the likelihood of an Indigenous Parliamentarian becoming a member of the cabinet is as rare as songbirds in Newfoundland and Labrador in February. These shifts do not represent significant change in the ability of Indigenous people to exercise self-determination in their own governments. Arrangements for other groups of peoples are increasingly part of our daily governance. The legally established representation for the French-speaking people of Quebec, and increasingly elsewhere, is fully part of our Constitution. More recently, women have emerged from the accidents of selection and election to become a dynamic and essential feature of our political processes. A cabinet today without 50 per cent female representation is questioned as to its legitimacy. The glacial emergence of limited self-government is underway in the three northern territories. This, largely affecting the Inuit, has provided some marginal involvement in their self-government. Nunavut comes reasonably close, where Inuit represent 86 per cent of the population of 37,000, according to 2016 data. But the national level is the most glaring for the lack of appropriate representation in governance. Indigenous people represent over five per cent of Canada's national population, and according to Statistics Canada, this could double in 20 years. Indigenous representation in Parliament comes from 11 MPs elected to the House of Commons and nine appointed Senators. But their numbers are not guaranteed. Prince Edward Island, with less than one half of one per cent of the national population, has guaranteed provincial representation of four in the Commons and four in the Senate. As well, there are six provinces whose populations are smaller than Canada's estimated Indigenous population, but have regionally secured seats. Manitoba, Saskatchewan, Nova Scotia, New Brunswick, Newfoundland and Labrador, and Prince Edward Island together have 61 elected MPs and 42 appointed members of the Senate. It is obvious Indigenous people are not represented in any direct way in the Government of Canada. There is no self-government tied to federal institutions, nor are there plans for change apart from an occasional appointment by the prime minister. Canada's political power structure consists of the prime minister, Parliament, and the courts. Associated with this is the federal governmental structure where that power is shared with 10 provinces and three territories. Since 1982 and the Charter of Rights and Freedoms, the courts and especially the Supreme Court have displayed a sensitivity and timeliness in addressing some historical wrongdoings. But this is not enough. There is an urgent need to create some measure of certainty in the representation of Indigenous people in the central power structures. O’Bonsawin's appointment is an excellent start. An Indigenous justice position should be made permanent and expanded by at least two more, providing a permanent base for the protection of the rights and freedoms for Indigenous people. Equally, there is a need to give permanency for elected and appointment procedures for the Indigenous people in Parliament. One possibility is to create Indigenous representation requirements in both the Commons and the Senate. How such persons are elected or selected should be decided by Indigenous people, along with procedures for validation. It is time for a serious effort to bring policies and programs that could lead to the emancipation and freedom of Indigenous people. Gar Pardy is a former ambassador and now comments on issues of public policy from Ottawa. His latest book, China in a Changing World, is available online and from Books on Beechwood in Ottawa. The Hill Times