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Recent Articles
- Volume 4 Staff
- The Justice System in Canada: Does it Work for Aboriginal People?
- Maori Women Confront Discrimination: Using International Human Rights Law to Challenge Discriminatory Practices
- "Indigeneity" as Self-Determination
- Establishing Autonomous Regimes in the Republic of China: The Salience of International Law for Taiwan's Indigenous Peoples
- Sovereignty in Law: The Justiciability of Indigenous Sovereignty in Australia, the United States and Canada
- Ogawa v. Hokkaido (Governor), the Ainu Communal Property (Trust Assets) Litigation
- Paul G. McHugh, Aboriginal Societies and the Common Law: A History of Sovereignty, Status and Self-Determination
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Foreword
The Justice System in Canada: Does it Work for Aboriginal People?
Introduction
The purpose of this paper is to express my thoughts about the impact of the Canadian justice system on Aboriginal people. The views expressed herein include my experiences as a judge of the province of Ontario's superior trial court. However, they are also largely based on my life's experiences as an Aboriginal person who grew up on the Mississaugas of New Credit Indian Reserve.
Justice Harry S. LaForme is a Mississauga Indian and a member of the Mississaugas of New Credit First Nation located in southern Ontario. He was born and raised on his reserve where his mother and some of his family continue to reside and remain active in that First Nation's government.
He is especially proud of having his efforts recognized by his own Aboriginal people with such honours as
- the 1997 National Aboriginal Achievement Award in the area of Law & Justice;
- the three occasions that Aboriginal elders have presented him with an Eagle Feather, symbolizing the virtues of honesty, integrity, and respect, the most recent being at his swearing in as a Judge of the Ontario Court of Appeal;
- the January 11, 2006 presentation of a Git 'san carved Talking Stick by his wife Janice, the Aboriginal community and the Law Society of Upper Canada.
Justice LaForme graduated from Osgoode Hall Law School in 1977 and was called to the Ontario Bar in 1979. He articled with the law firm of Osler, Hoskin and Harcourt and joined that firm as an associate in the practice of corporate commercial law. After a brief time with Osler, Hoskin, Justice LaForme commenced his own practice and concentrated on issues involving Aboriginal law. His practice afforded him the opportunity to litigate and address matters involving the Constitution and Charter of Rights and Freedoms. Justice LaForme has appeared before each level of Court and has been privileged in that his practice afforded him the opportunity to have travelled extensively throughout Canada as well as representing Canadian Aboriginal interests in Geneva Switzerland, New Zealand and British Parliament.
In 1989, Justice LaForme was appointed, through the joint orders-in-council of Ontario and Canada, as Commissioner of the Indian Commission of Ontario. In 1991 he was appointed by federal cabinet to Chair the Royal Commission on Aboriginal land claims known as the Indian Claims Commission. Justice LaForme also taught the "Rights of Indigenous Peoples" law course at Osgoode Hall Law School in 1992 and 1993. From October 1989 to June 1990, he served as co-chair on the independent National Chiefs Task Force on Native Land Claims.
In January 1994, Justice LaForme was appointed a judge of the Ontario Court of Justice (General Division), which is now the Superior Court of Justice, Ontario. At the time of his appointment, he was one of only three Aboriginal judges ever appointed to this level of trial court in Canada.
Finally, in November 2004 Justice LaForme was appointed to the Ontario Court of Appeal. He is the first Aboriginal to be appointed to sit on an appellate court in the history of Canada.
Issues, Individuals, Institutions and Ideas
There is a story about a young man who had a dream. In this dream he saw people scrambling up and down the rugged faces of four hills. When he looked closer he noticed each hill seemed to have different groups of people trying to scale its heights.1 He was perplexed.
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