JUSTICE HARRY S. LAFORME CURRICULUM VITAE Introduction Justice Harry S. LaForme is a Mississauga Indian and a member of the Eagle Clan of the Mississaugas of New Credit First Nation located in southern Ontario. His Anishinabe name is G Najuwa Wawaskwene (the bright light that breaks through the dark sky) a name gifted to him by a First Nation Elder and a drummer at his swearing-in on his appointment to the Ontario Court of Appeal. 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. Awards and Honours Justice LaForme is especially proud of having his efforts recognized and honoured by his own Indigenous people. Such honours have included: i. In 1971 the Indian Athletic Club of Buffalo, New York, presented him with the Dedicated Service Award for his work with Aboriginal inner-city youth. ii. iii. 1997 Mississaugas of the New Credit First Nation, Certificate of Merit Achievement Award The 1997 National Aboriginal Achievement Award in the area of Law & Justice. Canadian Indigenous elders, on nine (9) occasions, gifting him with an Eagle Feather, symbolizing the virtues of honesty, integrity, and respect; significantly one during his swearing in as a Judge of the Ontario Court of Appeal; and in 2009 from the National Indian Residential School Survivours Society. v. In January 2006 the national Indigenous community and his wife Janice, during the event hosted by the Law Society of Upper Canada, honoured him with a majestic Talking Stick carved and blessed by famed Git san artist, Charles ( YaYa ) Heit. October 13, 2016, the Canadian Hispanic Bar Association gifted him with a Mayan Traditional Honour Medallion. Other awards and honours received include: i. The Justice Harry S. LaForme First Year Law Student Bursary, established by the University of Windsor, 2007. ii. The Honourary Doctor of Laws, York University, 2008.
P a g e 2 iii. Honourary Doctor of Education, Nipissing University, 2013. Honourary Doctor of Laws Honoris Causa, the Law Society of Upper Canada, 2017. v. The Honourary Doctor of Laws, Windsor University, 2017. Carried the Olympic Torch, Nationwide Torch Run, Canada s 2010 Winter Olympic Games; December 2009, Territory of Six Nations of the Grand River, Ontario. vii. Queen Elizabeth II Silver Jubilee Medal, 2012. viii. Judicial Award International Community Corrections Association, 2016. ix. Osgoode Hall Law School Wall of Heroes. Law practice background 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 before the British Parliament. Following the patriation of the Canadian Constitution in 1982 Justice LaForme was legal counsel to a number of First Nations and represented them at the First Ministers Conferences regarding the interpretation of the new provisions of section 35 of the Constitution Act, 1982. Appointments In 1989 Justice LaForme was appointed, through the joint orders-in-council of Ontario and Canada, as Commissioner of the Indian Commission of Ontario. The Indian Commission of Ontario was mandated with the task of assisting the governments of Ontario, Canada and First Nations within Ontario to identify problem issues of mutual concern to all and to further facilitate, 2
P a g e 3 mediate and to utilise such other fora as may be required to examine and resolve those issues. The issues undertaken by the Indian Commission of Ontario under Justice LaForme's direction included, chairing negotiation sessions respecting aboriginal self-government, education, policing of aboriginal communities and land claims. From October 1989 to June 1990 Justice LaForme served as co-chair on the independent National Chiefs Task Force on Native Land Claims. The final report authored by the co-chairs, Chief Manny Jules and Justice LaForme, entitled "First Nations Submission on Claims" was tabled with the federal government on December 14, 1990 and subsequently gave rise to the establishment of the Indian Specific Claims Commission. In 1991 Justice LaForme was appointed by the Honourable Tom Siddon, Minister of Indian and Northern Affairs Canada, confirmed by federal cabinet, Chair, Indian Specific Claims Commission; known as the Indian Claims Commission. The Indian Specific Claims Commission was established to inquire into and report to the federal cabinet its findings, make recommendations and propose courses of resolution. The process and responsibilities of the Indian Specific Claims Commission included conducting hearings of inquiry on questions of the validation and compensation of aboriginal land claims. The Commission remains an independent appeal mechanism whereby First Nations throughout Canada may have certain land claims issues formally heard by panels of independent Commissioners. In addition to his work as a practising lawyer and his responsibilities as chairperson of two Royal Commissions, Justice LaForme taught the "Rights of Indigenous Peoples" law course at Osgoode Hall Law School in 1992 and 1993. Justice LaForme prepared and edited the requisite course materials. In January 1994 Justice LaForme was appointed a judge of the Ontario Court of Justice (General Division) - the Superior Court of Justice - Ontario. At the time of his appointment he was one of the first Indigenous judges appointed to this level of trial court in Ontario and one of only three in Canada. In November 2004 Justice LaForme was appointed a judge of the Ontario Court of Appeal. He is the first Indigenous appointment to an appellate court in the history of Canada; indeed, the Commonwealth. In May 2008 Justice LaForme suspended his judicial career to accept the Chairmanship of the Indian Residential Schools Truth and Reconciliation Commission. He was unanimously selected by the parties to the Indian 3
P a g e 4 Residential School Settlement Agreement to Chair of the Indian Residential Schools Truth and Reconciliation Commission. Following the selection he was formally appointed to the position of Chair by the Honourable Chuck Strahl, Minister of Indian and Northern Affairs which was confirmed pursuant to order in council. Justice LaForme resigned the Chairmanship after five months due to irresolvable issues of Commission independence. On October 21, 2008 Justice LaForme resumed his responsibilities as a Justice with the Ontario Court of Appeal. Justice LaForme has had a distinguished 24 year judicial career, which includes presiding over numerous high-profile complex trials both in the criminal law and civil law areas. Justice LaForme has authored many decisions of the Ontario Court of Appeal that illustrate his independent thinking and a passionate understanding of both the rule of law and Canada s Parliamentary democracy. Articles, Publications and Activities Justice LaForme has published and written many articles on issues related to Aboriginal law and justice. Publications include: Indian Sovereignty: What Does it Mean? The Canadian Journal of Native Studies, Vol. 11 No. 2, 1991. The Justice System in Canada; Does it Work for Aboriginal People? Indigenous Law Journal, Vol. 4, University of Toronto, 2005. Section 25 of the Charter; Section 35 of the Constitution Act, 1982: Aboriginal and Treaty Rights: 30 Years of Recognition and Affirmation (Errol Mendes & Stéphane Beaulac, Canadian Charter of Rights and Freedoms, 5 th ed. (Lexis- Nexis Canada, 2013). See also, The Supreme Court Law Review, 2 nd. Series, Vol. 62, 2013. The Indian Residential School System: From the Ashes of Disaster Grow the Roses of Success, Reconciliation and the Way Forward: Collected Essays and Personal Reflections (Aboriginal Healing Foundation, Ottawa, 2014). 150 Years of Canadian Confederation: Is There Reason for Indigenous People to Celebrate? (Errol P. Mendes), Canada s Constitutional Democracy: The 150 th Anniversary Celebration, (Lexis-Nexis Canada, 2017). 4
P a g e 5 The New Business of Confederation: Finding the Place of Equality for Indigenous Peoples, Canada at 150: Building a Free and Democratic Society (Collected Reflections) (Lexis-Nexis Canada, 2017). Justice LaForme speaks frequently on many topics that include Aboriginal issues, criminal law, constitutional law, and civil and human rights. He has sat as a member of many Boards and advisory bodies for various Aboriginal organizations as well as Legal forums. Some of which include: i. Basketball coach, inner city Indigenous youth, 1970 1971. ii. President, Native Law Students Association, 1974 1975. iii. Canadian Bar Association, Special Committee on Native Issues, 1980 s. Editorial Board member, National Journal of Constitutional Law, Ottawa, 1990. v. Canadian Association of Law Teachers, 1992-1993. vii. viii. ix. Co-Chair, In the Land of Spirits, Canadian Native Arts Foundation, Toronto Gala, 1992. Board member, organization committee member, and speaker for Combating Hatred conferences, Toronto, 2008 and 2010. Regular contributor to events sponsored by the Law Society of Upper Canada. Regular contributor to events sponsored by the Ontario Bar Association x. Regular contributor to the Ontario Crown Attorneys Association, Annual Summer Educational Programme. xi. xii. xiii. x xv. Board of Directors, Teach for Canada, teaching in remote First Nations communities. Member, Ontario Rhodes Scholarships Selection Committee. Board of Directors, judiciary, Law Commission of Ontario. Editorial Board, Lakehead Law Journal, Bora Laskin Faculty of Law, Lakehead University, Thunder Bay. Annual judge, Canadian Lawyers Abroad (now Level), Dare to Dream, mock trial, First Nations Elementary School, Toronto. 5