On November 30, 2023, the Sexual and Gender Diversity Alliance (SAGDA) Section and the Aboriginal Lawyers Forum (ALF) Section hosted a joint event titled, “A Discussion with The Honourable Harry LaForme.” Hosts Glen Stratton and Breanne Martin spoke with Justice LaForme about intersectionality and honouring Indigenous and LGBT histories and identities in the legal sphere.

Justice LaForme is a member of the Eagle Clan of the Mississaugas of the Credit First Nation. He was called to the Ontario Bar in 1979 and appointed to the Ontario Superior Court of Justice in 1994. In 2002, the then Justice LaForme wrote the groundbreaking same-sex marriage decision in Halpern v. Canada (A.G.), 2002 CanLII 42749, finding that the common-law rule defining marriage as being the “lawful and voluntary union of one man and one woman to the exclusion of all others” violated section 15 of the Charter. His decision was upheld by the Ontario Court of Appeal.

In 2004, he was appointed to the Ontario Court of Appeal, making him the first Indigenous person to be appointed to an appellate court in Canada. He retired from the Bench in 2018 and is currently senior counsel at Olthuis Kleer Townshend LLP in Toronto. In 2019, he was the recipient of the CBABC SAGDA Ally Award for his commitment to advancing the cause of equality for lesbian, gay, transgender and two-spirit people within the Canadian legal profession.

During our discussion last November, Justice LaForme spoke about intersectionality and 2SLGBTQIA+ communities as well as honouring our history and future within the legal profession. It was an incredibly inspiring and informative discussion.

The importance of diversity on the Bench was a recurring theme throughout our discussion. Justice LaForme shared insight into his experience hearing and deciding Halpern and how his lived experience as an Indigenous person impacted his decision-making. As an Indigenous person who had spent most of his life on his reserve, Justice LaForme understood what it was like to have the government control almost every aspect of one’s life. This includes decisions as personal as who one chooses to marry. Until 1985, First Nations women lost their Indian Act status for marrying a man without status.

Justice LaForme also talked about the challenges he experienced being the only Indigenous judge at the Ontario Court of Appeal. He expressed how he had hoped his appointment would pave the way for others and was disappointed when very little progress was made in this regard.

Justice LaForme also shared advice regarding how to advocate for our communities in the current political climate and how to remain strong in the face of these challenges.

After the presentation, Justice LaForme shared with us the following: “Your generation has a big task: to move our common issues forward and keep the ones we’ve already achieved. Good luck. It sounds like you guys are up to the task.”