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Meet Nunavut's new judge

Justice Earl Johnson represented GN in Ed Horne case

Justice Earl Johnson's appointment to the Nunavut Court of Justice ends a three-year vacancy. He will be officially sworn in on Sept. 20 in Iqaluit.

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(PHOTO BY KIRSTEN MURPHY)

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KIRSTEN MURPHY

Justice Earl Johnson joined the Nunavut Court of Justice last week and immediately broke with tradition.

Instead of wearing the customary black robe in court, the tall, 50-something judge sported grey trousers and a matching blazer.

His gown, packed somewhere among his golf clubs and cross-country skis, was misplaced during his move to Iqaluit. The items are scheduled to arrive next month with his wife Shirley and their cocker spaniel Peetee.

Indeed, Johnson's life fell into an organized tailspin after federal Justice Minister Martin Cauchon appointed him to the Nunavut Court of Justice on June 28.

The same day, Johnson said goodbye to colleagues at the Northwest Territories legal department. First though, he made one phone call.

"I phoned my wife and said, "Guess what, we're moving to Iqaluit,"" he said with a chuckle.

The appointment came one year after he offered his name to the Commissioner for Federal Judicial Affairs (CFJA).

"You're surprised. You know you're being considered but you may or may not hear from them," Johnson said.

His appointment to the NCJ ends a three-year vacancy. The position has been open since Nunavut split from the NWT in 1999. Johnson joins senior Justice Beverley Browne and Justice Robert Kilpatrick.

Nunavut's unified court reflects a "cutting edge" justice system, Johnson said. The system requires all three judges to hear cases ranging from child support to first-degree murder. No other jurisdiction in Canada has the unified system, although Ontario once tried it.

"It makes a lot of sense, particularly in the territories when you have a small population [divided] by huge distances," Johnson said.

But in many ways, he said, delivering court services in the Arctic today is like stepping back some 28 years, to when he first started practicing law in the North.

He and his wife moved to Yellowknife in 1974 from New Brunswick. While in private practice, his criminal and civil court circuit work took him to Iqaluit, Pangnirtung and Igloolik. Restorative justice committees, elders' panels, poorly heated community halls and country food are all part of his northern experience.

He admits much has changed since he first came North. There are more lawyers now and it's more organized. The courts now are much more sensitive to community values and community-based sentencing," he said.

Recently, Johnson represented the territorial government in the Edward Horne compensation case. Some 60 victims sued the NWT and Nunavut governments for failing to protect them from the convicted sex offender.

More drug and alcohol programs

Nunavut has among the country's highest crime rates - and the numbers are growing, according to Statistics Canada. The crime rate makes the delivery of justice in Nunavut different than in the rest of Canada.

"You have to be sensitive to the social problems behind the crimes. The fact the numbers are much higher in Nunavut and the territories in general than in southern Canada is often something you take into account when you're sentencing," Johnson said.

Johnson plans to advocate for more drug and alcohol programs, as well as legal education and alternative dispute resolution.

In his free time, he hopes to squeeze in a couple rounds of golf, smash some squash balls and snap into his cross-country skis. He said he has no plans, yet, to purchase a snowmobile or sleep in an igloo.

The eldest of 12 children, Johnson credits his parents with encouraging his career choice.
"Coming from a large family you tend to be a person that sees all sides, especially when you're the oldest. I had very dedicated parents who were very supportive of higher education," he said.

His father worked in heavy construction and serviced the Canol pipeline linking Norman Wells and Whitehorse. Although the senior Johnson passed away several years ago, Justice Johnson knows his father would be proud of his rise to the bench.

When asked about his first week in Iqaluit, Johnson took a deep breath and searched for words.

"It was definitely information overload. So many names. A lot of things hit you at once," he said, adding, "I'm very happy to be here. The court staff is tremendous and I'm very excited about our new life in Nunavut."

Justice Johnson will be sworn in on Sept. 20 at Iqaluit's courthouse.

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