Malcolm Rowe gave\u00a0an extraordinary explanation of his interpretation of aboriginal and treaty rights to MPs and senators. \u00a0Rowe’s\u00a0remarks came during a 90-minute town-hall style appearance at the University of Ottawa. \u00a0 Rowe expressed a personal hope that Canada\u2019s \u201cproject of reconciliation\u201d with aboriginal people will be achieved.<\/p>\n
Rowe said that aboriginal and treaty rights existed prior to their enshrinement in the repatriated 1982 Canadian Constitution Act, and were beginning to be recognized by courts, \u201cbut they were vulnerable to infringement.\u201d \u00a0Aboriginal law cases are, increasingly, a large part of the Supreme Court of Canada\u2019s caseload.<\/p>\n
Rowe suggested the courts must take a cautious approach and not get in front of governments and indigenous leaders, themselves, who must engage in the dialogue, and bring along the public. \u00a0\u201cThere\u2019s an interesting relationship between the courts, particularly the Supreme Court of Canada, and governments and indigenous leadership in terms of how much the court says and when it says it. \u00a0I think it would be unwise of the court to get out ahead of a process which I truly hope will be a process of reconciliation . . . which will come through nation-to-nation dealings, and, in a sense, the courts should stand a little apart from that,\u201d he said.<\/p>\n
Rowe also explained judges have a role in constitutional cases to ensure that the rights of Canadians are respected when state action infringes on the rights and freedoms guaranteed by the Charter.<\/p>\n
He discussed his views on victims\u2019 rights, on the need for diversity at the courts, and on the need for clarity in judicial rulings. \u201cWhat\u2019s the use of a statement from the Supreme Court of Canada if you can\u2019t figure out what it says?\u201d he\u00a0commented. \u00a0Rowe said victims have long been a forgotten part of the criminal justice system, but he welcomed the recent changes to support them. \u201cThe pursuit of victims\u2019 rights is a good thing, and our society is better for it.\u201d<\/p>\n
Rowe showed he speaks French well during the hearing. \u00a0He admitted his grammar is not perfect and he occasionally searches for words, but would continue to study the language on the bench.<\/p>\n
Rowe said he hesitated a great deal before applying for the job: \u201cThis is an enormous responsibility. I know when you sit around the cabinet table you exercise an enormous responsibility, I\u2019ve sat close to it. \u00a0But there is a different kind of responsibility when it comes to being a judge and I wear it heavily . . . . Did I want to take on a heavier cloak?\u201d he said.<\/p>\n
\u201cI can\u2019t tell you how happy I am to be here,\u201d Rowe said.<\/p>\n","protected":false},"excerpt":{"rendered":"