The Honourable Michelle O’Bonsawin
WHAT WAS YOUR PATH INTO LAW AND ONTO THE BENCH?
When I was nine years old, I decided that I wanted to be a lawyer. It was a surprise to my parents since there were no lawyers in our family. When I was in high school, I told my guidance counselor during a career planning session that I was going to become a lawyer. He replied that it would be unlikely since I came from a small francophone community in Northern Ontario. I thought to myself, “Watch me!”
During high school, I did a placement at a law firm. When it came time to apply to law schools, I applied to the French common law programs at the University of Ottawa and Université de Moncton which both accepted me as a student. I decided to attend the University of Ottawa given its proximity to my family in the Sudbury area. I had no aspirations to become a judge when I started law school. My goal at that time was to become the best lawyer I could be for my future clients. My interest in the bench happened later in my first year of law school. After hearing a judge and teachers discussing the role and impact of a judge, I became more interested in setting a higher goal, which was to become a judge.
I started my career in law as a student in the Minister’s office of the Department of Indian Affairs and Northern Development. I then worked as a law student and a lawyer with the RCMP Legal Services. In July 2000, I joined Canada Post’s Legal Services Department. I specialized in labour, employment, human rights, privacy and access to information law. I also worked on Indigenous peoples’ initiatives. I litigated throughout Canada before various administrative tribunals and courts. I always sought litigation experience either through hearings before tribunals, courts, mediations or settlement discussions. In 2009, I was hired as General Counsel at the Royal Ottawa Health Care Group to create and run the Legal Services Department which was going to give me further experience in managing external counsel as well as junior lawyers. In addition to managing the Royal’s legal services, I also administered the access to information portfolio. I litigated extensively in labour relations, human rights and mental health. I frequently appeared before the Court of Appeal for Ontario. I also performed extensive research regarding mental health law, the Gladue principles and Indigenous peoples in the forensic mental health system. While at the Royal, I completed a LLM in law with a specialty in mental health law at Osgood Hall Law School. I began my PhD in law at the University of Ottawa in September 2016.
After accumulating valuable experience and knowledge, I decided to apply to become a judge. In May 2017, I was the first Indigenous judge named to the Superior Court of Justice in Ottawa. In December 2021, I completed my PhD in law.
WHAT EXPERIENCE IN YOUR LEGAL CAREER BEST PREPARED YOU FOR WORK ON THE BENCH?
My extensive experience as a litigator best prepared me for work on the bench. My experience of arguing cases before various administrative tribunals, the Superior Court of Justice and the Court of Appeal for Ontario allowed me to become familiar with various rules of procedure and drafting legal arguments/documents. My unique background as an Indigenous woman and as a specialist in mental health law also gave me a different perspective as a judge that is helpful when assessing matters. In my work at the Royal and during my PhD in law, I performed extensive research regarding Gladue principles. These principles assist in achieving fairness for Indigenous accused before the criminal justice system. This research helps inform my decisions when dealing with Indigenous peoples.
Another aspect which helped me was working with people and listening to them in order to clearly identify what are the real issues. I was faced with such scenarios when dealing with Consent Capacity Board and Ontario Review Board hearings since such matters always have a number of different perspectives. This ability is extremely helpful in my work as a judge.
WHAT ADVICE DO YOU HAVE FOR COUNSEL WHO APPEAR BEFORE YOU?
The first piece of advice is to always be well prepared. Counsel must ensure that they know the facts of their case, their arguments and the case law in order to be properly prepared to answer the court’s questions. Before counsel appears before me, I have read the file. There is nothing worse than the judge knowing more about the file than counsel. The second piece of advice is that counsel must ensure that their written documents are properly assembled and without mistakes because they are the first impression the judge gets of counsel.
WHAT DO YOU WISH THE PUBLIC KNEW ABOUT THE JUSTICE SYSTEM?
The judicial system is composed of various actors and they all have a role to play. All are dedicated to the pursuit of justice in the hopes of attaining the best result for all. The judicial system is composed of individuals who bring their professional and personal experiences into the system in order to reflect the values and laws of the country. The consideration of Gladue principles is a clear example of how the judicial system must adapt to better assess matters involving Indigenous peoples. The justice system evolves to better reflect society and its values. At its heart is its members who aim to be fair and just for all.