Mr. Speaker, this Liberal government has committed an injustice to black Nova Scotians and all Canadians.
This government has also done a grave injustice to justice itself. “If justice is fairness to all, then justice has not prevailed in Nova Scotia”. These words wrap up the Donald Marshall commission. These words have unfortunately never been more true than today.
The commission recognized that black people in Nova Scotia have been systematically excluded from the legal profession. The commission recommended that “governments consider the needs of visible minorities by appointing qualified visible minority judges and administrative board members whenever possible”.
One scant month after spouting nice words and lovely sentiments during Black History Month, the Liberal government turned back the clock on racial equality.
The Liberal government did a grave injustice to all when it overlooked Nova Scotia's most senior female judge and the only black family court judge when making appointments to the province's new unified family court.
Judge Corrine Sparks was passed over and ignored in a conscious decision by the government to appoint judges who have sat on the bench in Nova Scotia for less time. Judge Sparks was appointed in 1987. The government overlooked her in favour of judges appointed in 1995, 1993 and 1991 among others. As Lincoln Alexander, chairperson of the Canada Race Relations Foundation stated, this is a “major slap in the face to the black community” and suggests this government's actions “smack of racism”.
I first raised this issue in the House of Commons on April 14. The government buried its head in the sand and hoped the problem would go away, as governments in this country have so often hoped when it comes to issues of fairness for blacks and other Canadians of colour.
Then on April 26 I listened with incredulity to the justice minister's answer to my question on this issue. She responded by telling me that the government had appointed a black judge in Alberta. Well stop the presses. The government has appointed a black judge. Clearly, enough is enough for the government and one black judge must somehow ease the Liberal government's conscience. I suppose the government is now quite comfortable and pleased with itself that it has done all it can in the fight against the oppression of visible minorities.
The minister seems to be suggesting on behalf of the Liberal government that one black judge is more than enough to appease blacks and Canadians of colour in this country from coast to coast and to keep us quiet and thankful. The appointment she refers to is over 3,000 kilometres from the blacks in my riding.
The issue is that Judge Sparks seems more than qualified to have received one of these appointments. The fact that a black judge was appointed elsewhere has no relevance whatsoever to Judge Sparks' situation. The minister seems to suggest that Judge Sparks is not qualified enough to receive this appointment. Is it the fact that she is the most senior woman judge in the province that does not qualify her? Is it the fact that she is the only black family court judge in the province that does not qualify her? Or does she not qualify because she has many more years experience than others who were appointed?
The government went from ashamed to shameful when it went so far to avoid appointing a black judge that it ignored Judge Sparks in favour of appointing someone who is not even a judge. In my riding alone there are the predominantly black communities of Beechville, Lucasville and Upper Hammonds Plains. Also in Nova Scotia are North Preston, East Preston, Sackville, Cherrybrook, Lake Loon, Westphal, Dartmouth, Halifax, and several other areas all with large black populations.
When sitting as a supreme court judge, Bertha Wilson remarked in a lecture at Osgoode: “If women lawyers and women judges through differing perspectives on life can bring new humanity to bear on the decision making process, perhaps they will make a difference. Perhaps they will succeed in infusing the law with an understanding of what it means to be fully human”.
I join with the Black Lawyers Association of Nova Scotia, the African United Baptist Association of Nova Scotia, the Canada Race Relations Foundation and the Nova Scotia Federation of Labour in telling the government to correct this grievous wrong now. Canadians, and especially black Canadians, are watching and waiting for the government's response.
The Quebec government recently appointed Juanita Westmoreland-Traore to the Quebec provincial court.
Let the Liberal government show some courage and a sincere effort to fight racism.