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Justice O’Bonsawin and the Supreme Court of Canada – First Peoples Law

August 31, 2022

Decolonization creates complicated challenges for Indigenous people.

When they insist on fundamental change, they are often accused of being unrealistic. When they accept incremental change, small and initial success can become the ceiling and is often weaponized to silence the call for further action.

The appointment of Justice O’Bonsawin could easily become an example of this conundrum. While a significant victory by Indigenous people who have campaigned for an Indigenous appointment to the Supreme Court, it is important that a narrative of ‘mission accomplished’ is not allowed to take root. Instead, the appointment should be celebrated and used to shine a light on how much work remains to be done.

First, there is no justification in modern-day Canada for three guaranteed seats on the Supreme Court for one of the founding colonizing nations (Quebec) without guaranteeing equal respect for Indigenous nations.

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