The Honourable
Michelle O'Bonsawin
Puisne Justice of the Supreme Court of Canada
Assumed office
September 1, 2022
Nominated byJustin Trudeau
Appointed byMary Simon
Preceded byMichael Moldaver
Justice of the Ontario Superior Court of Justice
In office
May 18, 2017 – September 1, 2022
Nominated byJustin Trudeau
Appointed byJulie Payette
Personal details
Born1973 or 1974 (age 49–50)[1]
Hanmer, Ontario[2]
Children2
Alma materLaurentian University (BA)[3]
University of Ottawa (LLB, PhD)[3][4]
Osgoode Hall (LLM)[3]
OccupationLawyer

Michelle O'Bonsawin (born 1974) is a Canadian jurist serving as a puisne justice on the Supreme Court of Canada since September 1, 2022. Before her appointment to the Supreme Court, she served as a judge on the Ontario Superior Court of Justice from 2017 to 2022. O'Bonsawin is the first Indigenous Canadian to serve as a Supreme Court justice.[1]

Early life

O'Bonsawin was born in Hanmer, Ontario,[2] a Franco-Ontarian community near Sudbury in 1974.[5][1] Her father was a machinist and her mother worked as a teacher.[1] She is a Franco-Ontarian and an Abenaki member of the Odanak First Nation.[2]

O'Bonsawin began her legal career working for Royal Canadian Mounted Police legal services.[6] O'Bonsawin worked as in-house counsel for Canada Post for nine years before she joined the Royal Ottawa Health Care Group in 2009. There she worked as general counsel and established its legal services department. She also appeared as counsel for the organization on mental-health cases before the Ontario Superior Court and Ontario Court of Appeal as well as tribunals such as Ontario's Consent and Capacity Board and the Ontario Review Board.[7]

While working, she also studied to earn a master's degree in law from Osgoode Hall Law School.[8] Her practice focused on mental health, labour and employment, human rights, and privacy. She also taught a course on Indigenous peoples and the law at the University of Ottawa Faculty of Law.[9]

Ontario Superior Court of Justice

In 2017, O'Bonsawin was the first indigenous Canadian to be appointed to the Ontario Superior Court of Justice in Ottawa.[9] She assumed office on May 18, 2017.[10] In her application for the position, she described her legal philosophy as "progressive".[8] Concurrently while working as a judge, O'Bonsawin worked on earning a doctorate in law from the University of Ottawa,[8] and successfully defended her thesis on Gladue principles in February 2022.[11] Her PhD thesis has been embargoed and is not available for public consultation, which has raised concerns.[12][13]

In 2017, O'Bonsawin was the trial judge for the case CM Callow Inc v Zollinger, which applied the general organizing principle of good faith contractual performance from the 2014 Supreme Court of Canada case Bhasin v Hrynew. Callow had a two-year maintenance contract with a group of condominium corporations, which only stipulated a 10-day notice period for an early termination. The corporations decided to terminate the contract partway through the first year, but did not communicate this to Callow until half a year later, despite knowing that Callow was doing additional free work under the impression that it would help with future renewal talks. O'Bonsawin extended the duty of good faith to the termination of contracts, and found that the corporations had acted in bad faith by leading Callow to believe that the contract was going to be renewed by neither providing prompt notice of their decision to terminate nor avoiding misrepresenting their position to him. O'Bonsawin said in her decision that the law required "a minimum standard of honesty" so that contracting parties "will have a fair opportunity to protect their interests if the contract does not work out."[14][15] In 2018, the Court of Appeal for Ontario overturned her decision, ruling that she had improperly expanded the duty in a manner not directly linked to the performance of the contract and limited an expressly bargained-for right. In 2020, a majority of the Supreme Court of Canada overruled the Ontario Court of Appeal, reinstated O'Bonsawin's trial award, and provided clarity on the application of Bhasin.[14][16]

In summer 2021, she co-chaired a conference organized by an association for French-speaking judges in Ontario.[8]

In 2021, she was considered a possible candidate to succeed the retiring Rosalie Abella as a Supreme Court justice from Ontario.[17]

Supreme Court of Canada

On August 19, 2022, Prime Minister Justin Trudeau nominated O'Bonsawin to the Supreme Court of Canada to replace retiring Justice Michael Moldaver.[18] On August 24, O'Bonsawin appeared for a special meeting with the Standing Committee on Justice and Human Rights to answer questions from parliamentarians from both the House of Commons and Senate.[1] On August 26, 2022, the Office of the Prime Minister announced that her appointment was formally confirmed and she would join the Supreme Court on September 1, 2022, the same day that Moldaver was retiring.[19] O'Bonsawin is the first Indigenous person to sit on Canada's highest court.[1]

Personal life

O'Bonsawin is Franco-Ontarian and fluently bilingual,[2] and as of May 2022, was taking lessons in the Abenaki language.[9] She is married with two sons.[1]

References

  1. 1 2 3 4 5 6 7 McLeod, Marsha (August 25, 2022) [first published August 24, 2022], "Michelle O'Bonsawin on making history as first Indigenous Supreme Court nominee", The Globe and Mail website, archived from the original on August 28, 2022, retrieved August 26, 2022, Three decades later, Ms. O'Bonsawin is set to become the first Indigenous judge to sit on the Supreme Court of Canada in its nearly 150-year history.
  2. 1 2 3 4 Boisvert, Nick (August 19, 2022), "Michelle O'Bonsawin of Odanak First Nation nominated to Supreme Court of Canada", CBC News website, retrieved August 19, 2022
  3. 1 2 3 "The Honourable Michelle O'Bonsawin", Supreme Court of Canada website, September 1, 2022, archived from the original on September 2, 2022, retrieved September 1, 2022, Justice O'Bonsawin holds a Bachelor of Arts from Laurentian University, a Bachelor of Law from the University of Ottawa, a Master of Law from Osgoode Hall Law School, and a Doctorate in Law from the University of Ottawa.
  4. ↑ "Nomination of the Honourable Michelle O'Bonsawin, alumna, to the Supreme Court of Canada", University of Ottawa Gazette, August 23, 2022, archived from the original on September 2, 2022, retrieved September 1, 2022, Justice O'Bonsawin also has strong ties to the University of Ottawa, having earned an LL.B. in Common Law in 1998 from the University and a PhD in 2022.
  5. ↑ Justice O’Bonsawin: Carrying the Burden of Four Centuries Thecourt.ca
  6. ↑ Aiello, Rachael (August 19, 2022). "Trudeau nominates Ontario judge Michelle O'Bonsawin to Supreme Court". CTV News. Retrieved August 19, 2022.
  7. ↑ "Rising Stars". LexPert Magazine. November 1, 2013. Retrieved August 19, 2022.
  8. 1 2 3 4 Fine, Sean (May 9, 2021). "Who will Trudeau choose for next Supreme Court appointment? A look at the contenders". The Globe and Mail. Retrieved August 19, 2022.
  9. 1 2 3 Schmitz, Cristin (August 19, 2022). "Ontario has many Supreme Court-worthy jurists but top-notch bilingual woman may have inside track". The Lawyer's Daily. Retrieved August 19, 2022.
  10. ↑ "Office of the Commissioner for Federal Judicial Affairs Canada - The Honourable Michelle O'Bonsawin's questionnaire". fja-cmf.gc.ca. November 26, 2015. Retrieved August 19, 2022.
  11. ↑ "Congratulations to Michelle O'Bonsawin for successfully defending her PhD thesis". University of Ottawa Faculty of Law. February 9, 2022. Retrieved August 19, 2022.
  12. ↑ Watson, William (August 25, 2022). "William Watson: Let's see the judge's thesis". Financial Post.
  13. ↑ "SCC nominee 'embargoes' for five years her PhD thesis on extending Gladue principles beyond sentencing - Law360 Canada". www.thelawyersdaily.ca. Retrieved June 12, 2023.
  14. 1 2 Bertolini, Daniele (2021). "Toward a Framework to Define the Outer Boundaries of Good Faith in Contractual Performance". Alberta Law Review. 58 (3): 586–590, 612–614.
  15. ↑ "CM Callow Inc v Tammy Zollinger et al, 2017 ONSC 7095". CanLII. November 27, 2017. Retrieved August 19, 2020.
  16. ↑ "CM Callow Inc v Zollinger, 2020 SCC 45". Supreme Court of Canada. December 18, 2020. Retrieved August 19, 2022.
  17. ↑ MacCharles, Tonda (May 27, 2021). "Trudeau expected to name Ontario judge to Supreme Court of Canada before Canada Day". The Toronto Star. Retrieved August 19, 2022.
  18. ↑ "Trudeau nominates Indigenous woman to Canada's supreme court". the Guardian. August 19, 2022. Retrieved August 23, 2022.
  19. ↑ "Michelle O'Bonsawin confirmed as Canada's new Supreme Court justice". CBC News. August 26, 2022. Retrieved August 26, 2022.
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