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The Honourable Catherine Benton

The Honourable Judge Catherine Benton

I am a Mi’kmaw woman from the Lennox Island First Nation in Epekwitk (Prince Edward Island). I have the honour of being the first female Mi’kmaw appointed to the Provincial Court of Nova Scotia in 2017. My path to the Bench started with the Dalhousie Legal Aid Clinic, to articling with and then being employed by Nova Scotia Legal Aid in criminal defence for 22 years. During that time, I became managing lawyer of the Bridgewater Legal Aid office and received King’s Counsel status (formally Queen’s Counsel) in 2016. In addition, as a lawyer I continued to be involved in the Mi’kmaq community by serving on the Board of Directors for the Mi’kmaq Justice Institute, a precursor to the Mi’kmaw Legal Support Network, Tawaak Housing Association and the Micmac Native Friendship Center.

As an Indigenous woman I have had the benefit of having experienced two very diverse cultures. Having done so has clearly enhanced my understanding and adaptability to various communities, structures and processes.  Taking the best from both Indigenous and non-Indigenous perspectives seemed natural and necessary to becoming an effective participant in the criminal justice system. 

It has long been documented that our current criminal justice system has not served the Indigenous population in the fairest of ways. I have always and continue to believe that Indigenous knowledge and ways of seeing must be at the forefront when dealing with Indigenous persons in conflict with the criminal justice system.

The concept of Ilsutekik (to correct or make it right) in the Mi’kmaq community informs of the requirement that the conclusion of matters necessarily seek to repair harms and restore relationships to achieve balance and harmony in the individual and the community.

It goes without saying that the position of judge is one of the most onerous and solemn jobs in Canadian society. Judges make decisions on a daily basis that affect the very lives of the citizens of our communities. That is why it is so important that counsel coming before the court be prepared with the necessary information required to make a just and informed decision not only with respect to Indigenous but also non- Indigenous persons in conflict with the criminal justice system. 

It is important and necessary for me as an Indigenous person to give back to the Mi’kmaq community in a meaningful way. It is equally vital that the Mi’kmaq community and those outside of this community see Mi’kmaq people as competent, of value and respected for our contributions and perspectives. I have attempted to do this by being the best possible role model in all of my endeavours.