Swearing-in Ceremony Speech February 15, 2018 Chief Justice Smith, Regional Senior Justice Morawetz, Justices, Masters, Members of the bar, friends and family: Like the speakers before me, I would first like to acknowledge that we are on the traditional territories of the Mississaugas of New Credit First Nation. I recognize the enduring presence of all the First Nations, Metis and Inuit peoples on this land. Words cannot express how tremendously honoured and privileged I feel today, especially for the presence of everyone who has taken the time to be here. Thank you all. I d like to begin by congratulating the Honourable Justice Todd Archibald on becoming supernumerary. It s overwhelming to even theoretically fill the spot of a giant like Justice Archibald. His strong commitment to the administration of justice is evident in his writings, his tireless efforts to resolve cases and his mentoring of diverse colleagues. Justice Archibald, who has been very welcoming to me, asked me to convey his sincere regrets at not being able to be here today. Thank you to my judicial mentor and former Crown Law Civil colleague, Justice Lise Favreau, for her thoughtful advice and for helping me with the transition to the bench. I m also grateful to my new colleagues on the bench, who, from notes, to chats, to sharing materials and snacks, have been so welcoming and supportive. There is a part of me that still cannot believe this is happening. Becoming a judge far exceeds anything I could have dreamed of or imagined for myself. 1
Imagination is not something which we would usually associate with the legal profession or justice system. We lawyers and judges deal in facts and legal principles, we don t imagine and we certainly don t make things up. But it is only an extreme exercise of imagination that could have led to this moment my appointment. Not only on my part, but also on the part of others. And so, I d like to reflect on what I consider the incremental expansion of imagination that has brought this unlikely event about. Some kids are told they can be anything. They dream of becoming professional athletes, astronauts or entrepreneurs. Growing up in a working class, largely immigrant neighbourhood in Rexdale, however, I was never burdened by this overwhelming idea. I was raised with more down-to-earth aspirations. I was taught that I would have to get a good, secure job to provide for myself and my family and not be a burden on society. Getting an education was the key. Unlike my parents who grew up in postwar Japan and didn t have the opportunity to pursue higher education, I had the benefit of being educated in this country and a family that could afford university. Early suggestions included teacher or pharmacist. You see the theme. Lucky for me, pharmacy was the toughest program to get into. What one imagines is in no small part affected by what one sees. The adults I knew worked with their hands and on their feet, in jobs that put food on the table and rooves over their families heads. Unlike my own children, who must think every second adult they meet is a lawyer, I didn t know any lawyers, and never met any until law school. I didn t see myself reflected anywhere else either whether on TV, the news, among teachers, police 2
officers or anyone with authority. A career in the law, among others, was not something that I imagined for myself. My only tenuous connection to the legal profession was hearing my father talk about the lawyers for whom he worked, custom finishing high-end kitchens or the boardroom table of a downtown law firm. Could that have planted a tiny seed of imagination? That is actually when I first heard of someone being a bencher. I had no idea what that meant, but the word stuck in my head, if only because it was so odd-sounding! Somewhere in the back of my mind, however, was a strong desire to do something more than what I was familiar with. I grew up in a deeply divided world, and a divided country; my awareness of social issues coincided with Cold War and constitutional debate. And the inequality that I saw but did not then have terminology for. To my childhood self, the solution to these issues seemed to lie in understanding one another. This became one of the organizing principles of my life. Growing up between two cultures, I had an inherent sense that learning languages was one way to truly understand. In order to communicate with my extended family, I would have to learn Japanese. De même, j ai souhaité apprendre le français pour mieux comprendre et apprécier la culture et les aspirations des francophones et des québécois. My strong desire to understand, however, was without direction, and I had little means to figure out what path to take. As an undergraduate student, I heard of others applying to law school, but didn t dream of applying myself, until one of my friends showed me the Law School Information booklet (this was preinternet) with the admission requirements. It struck me that I 3
could actually get in. Like a good lawyer, or judge, only with that objective evidence, did I decide to apply. The year I started law school, perhaps by serendipity, I came across an article in the Japanese Canadian community newspaper about Maryka Omatsu, being appointed to the Ontario Court of Justice. I distinctly remember thinking that there might just be a place for me in the legal profession. But that was just the beginning of my imaginings. The rest could not have happened without the colleagues and friends, many of whom are here today, who inspired, encouraged and championed me. They all contributed to the incremental expansion of my imagination, to include paths that might not have been visible to me. They include: The firsts Justices Low, Nakatsuru and Omatsu - the ones who blazed the trail, so I would not have to. Mentors like Beth Symes, who said you really must run for bencher and later you must apply to the bench. And for those who know Beth, she has a way of saying things that just don t leave anything open to question. Benchers like Julian Falconer and Raj Anand, who in my pre-bencher years at the Law Society, believed that I had something to contribute and amplified my voice there. Inclusive leaders like Treasurer Paul Schabas, who understands that change only comes by including those who think differently. 4
Colleagues like my speaker, Dianne Corbiere, who share their wisdom, challenge us to think about justice in new ways and patiently wait for the rest of us to get caught up. Senior lawyers who brought me onto their files and ensured that I got work that would enhance my growth as a lawyer. Friends, in particular, the wonderfully supportive women of colour in every place I ve worked. The ones with whom you share the tough days and small triumphs, and from whom you draw the strength to keep going. Though I didn t think of it this way at the time, I wonder if my inherent awareness of the tragedy of being limited, not by ability, but by circumstances and barriers beyond your control, and the resulting loss to society, that I gravitated toward enhancing equity and inclusion in the legal profession. It s by engaging in this work that I met the people who have been most influential to my career, and that I ve experienced the best that the legal profession has to offer. We imagined and worked toward a more inclusive legal profession as a means of enhancing meaningful access to justice for all. The truth is, the more I contributed, the more I gained cherished relationships, experiences, and understanding. For me, one of the great joys of today, is gathering all these amazing people, unfortunately too many to name, into this room. And now a little closer to home. À mon époux, nous venons de milieux si différents mais ce que nous partageons depuis plus de vingt ans en est d autant plus merveilleux. Tu me complètes, m encourages et me défies. Tu 5
es mon véritable partenaire et complice. Avec toi à mes côtés, je peux entreprendre ce que je n avais jamais cru possible. To my children who have always encouraged me, each in their own way, even when this meant less time with them. The bestkept secret about parenthood is that as much as we think it is we as parents who support and comfort our children, we receive even more in return. Being your mother has been the most fulfilling aspect of my life. And of course, none of this would have been possible without my parents. While stories of achievement-oriented tiger moms have fed stereotypes of Asian parenting, in my own family, grades and accomplishments were not the most important thing. My parents high expectations related mainly to our conduct, particularly toward others, and doing our best at everything that we did. They taught us, my brother and me, more by example than by words. My father working no less than two jobs at a time to ensure that we had everything we needed, not just for the present but also for the future, and my mother working into the night to make our clothes, sometimes remaking them if they did not fit perfectly. But what I am most grateful to my parents for is something that I had taken for granted for my entire life until the last few years. I thank my parents for nurturing in me a strong sense of cultural identity to know that though I may come from something other than the dominant culture, that it is something of value. Because you provided me with the foundation of knowing who I was, I could grow and aspire. I have only come to this awareness as I learned, much too late in my life, and continue to learn, about the wholesale denial and erasure of Indigenous culture from Indigenous children and 6
peoples. To have the security and confidence of family and culture is of immeasurable worth, to be deprived of them of incalculable harm. The imperative of reconciliation, is that we must all do our part to restore this to Indigenous peoples. Je ne peux aujourd hui qu exprimer ma plus profonde reconnaissance à l égard de tous ceux et celles qui ont contribué à chaque étape du développement progressif de mon imagination. Je remercie humblement ceux et celles qui eux aussi ont imaginé que je pourrais un jour assumer les responsabilités d un juge de la Cour supérieure. I m not only honoured but excited to serve the administration of justice and the people of Ontario, which I hope to do with empathy and humility. I hear that there s been an enthusiastic response to the news of my appointment, but I know that it s about much more than me. It is about a profession and justice system that sees and values everyone for their true merits and potential contributions. It is about what others can now imagine for themselves. Perhaps this exercise of imagination bears some relevance to the evolution of the law and our justice system, which evolves incrementally, over time, with experience, insight and occasionally, imagination. All the better to enhance equality, access to justice and reconciliation for all the people of Ontario. Sandra Nishikawa 7