There's a lobby effort under way to appoint an aboriginal judge to the Supreme Court -- and one name being raised is Justice Harry LaForme, the author of Canada's first ruling allowing gay marriage. With two Ontario spots on the top court opening in June, the province's largest aboriginal group has written Prime Minister Paul Martin urging him to appoint Judge LaForme because of the growing number of landmark legal battles involving aboriginal issues. The Association of Iroquois and Allied Indians was prompted by Justice Minister Irwin Cotler's comment two months ago that the time is ripe to consider putting an aboriginal judge on the Supreme Court. Mr. Cotler's "lofty and imaginative ideas" have inspired hope among aboriginals, who feel they have been shut out of the legal system, Grand Chief Chris McCormick wrote in his letter to Mr. Martin, in which Judge LaForme's resume was enclosed. Mr. Cotler, who made his comment before two new positions unexpectedly opened with the resignations of justices Frank Iacobucci and Louise Arbour, would not say yesterday whether he thinks one of the immediate vacancies should go to an aboriginal. But he said "merit" and "diversity" are two criteria that must be balanced. Judge LaForme, a 10-year veteran of the Ontario Superior Court, is one of about 20 aboriginal judges in Canada. He is a member of the Mississaugas of New Credit First Nation in southern Ontario, where he was born and raised. He has made a name for himself during his decade on the bench and he has supporters and detractors. His most groundbreaking ruling was a July 2002 decision that struck down the federal ban on same-sex marriage for the first time. Judge LaForme also authored a 1998 ruling that denying marijuana for medicinal purposes breaches the Charter of Rights. New Democratic MP Pat Martin has also written the prime minister asking him to appoint an aboriginal. But the Manitoba MP said the pool should not be limited to Ontario. "First Nations should not be considered based on the same geographic provincial boundaries as other appointments," wrote Mr. Martin. In an interview, he suggested Justice Murray Sinclair from the Manitoba Court of Queen's Bench. The Supreme Court reserves three posts for Quebec, three for Ontario, two for the West and one for the Atlantic region. Critics say a person's race should not be a factor in selecting a Supreme Court judge. "I am sure there are many competent aboriginals, but I think race is one of the last things we should look at," said Conservative justice critic Vic Toews. "Where do you stop? We have very competent Chinese people, very competent Mennonites, and we don't see any Mennonites on the Supreme Court. I just think it's a terrible precedent to start judging people on the basis of their race."
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