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Judge Rose Toodick Boyko
Nursing aspirations put on hold for career in law
By Joan Black
Windspeaker Contributor
Ontario Superior Court Judge Rose Toodick Boyko says she never
had big dreams but has pursued interests that are meaningful
to her, taking full advantage of opportunities she sees. This
simple recipe for success has accompanied her since her earliest
memories of life on a trapline on the Parsnip River at Findlay
Forks, B.C.
Nevertheless, Boyko says she is "thrilled" to be recognized
by her peers as this year's National Aboriginal Achievement Award
winner in the Law and Justice category.
Her first career was nursing,
but that was just the beginning. A desire for more education
led Boyko to enroll at Queen's University in Kingston, Ont. in
1974. By the time she graduated with her BA in 1977, she had
decided on a medical career. Unfortunately, none of the several
medical schools where she applied would accept her.
This is one of those times when a disappointing situation ended
in a good way. Boyko saw that although one door was closing on
her, she had other talents. It would have been easy to "settle,"
but that has never been the judge's solution to problems. Instead,
she grasped the opportunity to study law. That decision led to
her eventual appointment as the first Aboriginal woman Superior
Court judge in Canada.
Boyko was born in 1950. Her mother was from the Tsek'ehne First
Nation at McLeod Lake, B.C. and her father was a Ukrainian immigrant.
She has fond memories of her first five years on her father's
trapline, when the family enjoyed the rural environment. Rose
left British Columbia before the trapline was flooded by the
construction of a dam around 1967.
After graduating from high school in Montreal, she entered nurse's
training at the venerable Royal Victoria Hospital there in 1969.
She graduated with her RN diploma in 1972 at the age of 22. Then
it was off to serve remote Cree communities on the Quebec side
of the James Bay region. She says she was comfortable living
in the bush because of her early upbringing.
She began her nursing career with Medical Services Branch in
Wemindji, Que. She learned to speak some Cree, enough to get
along without an interpreter in the clinic. After a year's service,
Boyko was motivated to acquire further training in northern nursing
at the University of Western Ontario.
From there, she took her enhanced skills to Lac Mistasini, about
50 miles out of Chibougamau in northcentral Quebec. Then she
was posted to Fort George, Que. in the region of what is now
called Chisasibi. She saw a lot of towns up the James Bay Coast
before the LaGrande Rivière II dam flooded much of northern
Quebec and destroyed Fort George. This was the second time a
dam project wiped out some of Rose's past, but before that happened
she had a new career in sight. With medical school ruled out,
she instead completed pre-law studies in the Saskatchewan Aboriginal
Law Program.
Returning to Ontario, Boyko's legal studies consumed most of
her time between 1978 and 1980.
The Honourable Madam Justice Rose Toodick Boyko was called to
the Ontario bar in 1982 and was admitted to the Saskatchewan
bar in 1988. She took the middle name Toodick to honor her Aboriginal
grandfather, Mack Toodick, and as a reminder of her Aboriginal
roots.
Native cultural beliefs are important to the judge, but true
to her mixed heritage she has also embraced complementary teachings
from other philosophies.
"I think fostering a spiritual life is necessary,"
she says, relating that she attends powwows and other traditional
gatherings when she can.
New Brunswick Provincial Court Judge, Graydon Nicholas, who has
known Boyko for a decade, says one of the outstanding things
about his friend is that she has "maintained her Aboriginal
values and identity" while pursuing goals and achieving
success in the larger Canadian society.
She launched her public service career in the federal civil service,
becoming attached to the Department of Justice in Ontario, Alberta
and Saskatchewan. Then she went on a government interchange program
from 1989 to 1991 with the Quebec Department of Justice in Quebec
City. After that was a stint with Indian affairs' Indian Taxation
Secretariat in Ottawa, where she remained until her appointment
to the judiciary.
Today Judge Boyko sits in chambers in Newmarket, Ont. in the
Central East Judicial Region, where she presides over family
law trials, criminal trials and civil trials. She still participates
in the Indigenous Bar Association, of which she was vice president
early in the decade.
Currently vice president of the Canadian Chapter of the International
Association of Women Judges, she has injected Aboriginal content
- in the form of ceremonies, drummers and dancers - into at least
one of that association's conferences.
Judge Boyko has always had a keen interest in social issues.
She is interested in sentencing circles and in the use of circles
for healing victims and offenders. Although she has not yet tried
the concept, she views circles as "a powerful alternative
to deal with disputes." That is why, as a member of the
Board of Trustees at Queen's University, she has taken advantage
of the opportunity to have the topic introduced into Aboriginal
education.
In 1997, Judge Boyko received an honorary Doctor of Laws degree
for promoting Aboriginal legal education at Queen's. In addition,
she has been a legal advisor for several government departments,
has worked on legislative reform and has been involved in legal
policy analysis and teaching.
"I would encourage those interested in the pursuit of law
to retain their traditional values so these values can be used
to enrich the way we settle disputes. The majority system does
not give all the answers and it is only through striving together
that the best solutions can be found."
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