Last week, after Angelique EagleWoman resigned from her position as dean of Lakehead University’s Bora Laskin Law School, citing systemic racism and indifference to Indigenous participation, the school appointed Justice Patrick Smith of the Ontario Superior Court to fill in as interim Dean.

Lakehead’s announcement was celebratory and appreciative of Ontario’s Chief Justice in releasing Justice Smith to fill this position. Donny Morris, former chief of the Kitchenuhmaykoosib Inninuwug, and Nishnawbe Aski Nation, a community partner in the law school, however, have spoken out strongly against the appointment. Why?

Ten years ago Justice Smith sentenced Chief Morris, four band councillors and a community member from the KI First Nation to jail for contempt of court.

They had publicly stated they would not allow a mining company, Platinex, which had advised its investors it had the First Nation’s consent when it did not, and had bullied the community with a $10 billion lawsuit, onto their traditional territory.

The community explained they had to follow their own law, which required them to protect the land. This statement was found to be in contempt of a court order allowing the mining company onto the land.

I was in court the day Justice Smith sentenced the KI6. He read out his decision to a packed courtroom — a decision that spoke only of how court orders must be obeyed, and how if there were two systems of law, one for Aboriginal people and one for non-Aboriginal people, then we would descend into chaos.

The disbelief and anger in the room as the KI6 were sentenced to six months in jail was palpable. The overwhelming majority of people attending court that day were Indigenous, and they knew there are already two systems of justice in this country.

The KI6 were taken away in white police vans as the people stood outside the courthouse on the packed snow. Many held KI flags. Some wept.

Others cheered in support for Chief Morris, Daryl Sainnawap, Jack McKay, Sam McKay, and Bruce Sakakeep as they were loaded into the van. The lone woman sentenced, Cecilia Begg, was led out a separate door.

After two months in jail, the KI6 were released. The Ontario Court of Appeal found the sentences were too harsh, that imprisonment for a first instance of contempt marginalized the importance of Indigenous rights in Canadian law and would only further estrange Indigenous peoples from the justice system.

When the Bora Laskin Law School opened in 2013, one of its first acts was to sign an agreement with Nishnawbe Aski Nation, the Union of Ontario Indians, Grand Council Treaty No. 3, and the Métis Nation of Ontario to ensure that Indigenous perspectives and priorities were brought to the law school curriculum, and to historical and emerging legal issues.

The law school embraced a mandate to train lawyers in Indigenous rights and law in Canada. It was seen as a new opportunity for local Indigenous students to access legal education.

This mandate was meant to help fulfil the legal needs of First Nations communities, as well as make a difference for those Indigenous people caught up in the justice system. This legal education would centre Indigenous law and rights in the study of Canadian law, countering acts that marginalized such rights, such as the KI6 sentencing decision.

The departure of EagleWoman and appointment of Justice Smith shows just how far the leadership of Lakehead University has strayed from its mandate at Bora Laskin Law School.

Deputy Grand Chief Derek Fox of Nishnawbe Aski Nation said “The University should have accepted the recommendations of the Aboriginal Advisory Committee delivered last week, which specially requested that no positions at the law school be filled without input from Indigenous partners.”

Loading... Loading... Loading... Loading... Loading... Loading...

The university ignored this advice, and made an appointment expressing an extent of indifference and wilful blindness to local Indigenous experience, participation and leadership that is shameful in its racism.

Lakehead University needs to seriously reflect on its role in continuing colonialism and how to change that — rescinding the appointment would be the first step.