Position | Judge's name put forth for lieutenant-governor

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By SHAWN BERRY
berry.shawn@dailygleaner.com

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Native leaders are applauding word that Judge Graydon Nicholas is being touted as the province's next lieutenant-governor.

Phil Fontaine, national chief of the Assembly of First Nations, commended the choice while in Fredericton on the weekend.

"He would be a great appointment," Fontaine said of Nicholas, who was one of the founders of the Union of New Brunswick Indians.

Premier Shawn Graham has recommended to Prime Minister Stephen Harper that Nicholas, the first native judge in Atlantic Canada, be named the province's next lieutenant-governor.

In his letter, Graham identified Nicholas as someone who is beyond reproach and "highly respected for his principles and sense of fairness."

Graham said Harper recently asked him for his suggestions for a nominee.

Fontaine said having Nicholas serve as the Queen's representative in New Brunswick would instill a lot of confidence in native communities.

He said Nicholas, who grew in Tobique and made his career in Fredericton, is a terrific role model for all people as someone who is determined and has worked hard.

"He has always made a positive impact," Fontaine said.

Chief Candice Paul of the St. Mary's First Nation agreed.

"He is well-regarded in our community. He will inspire young people,'' Paul said. "That would be amazing.''

Nicholas's determination and reputation for fairness are qualities everyone can rally around, but she said what's most important is the example he has set.

"Graydon is looked upon as a role model," she said, adding his example is one for others to emulate.

"It's like Barack Obama. Dream big, it is achievable."

But it's also recognition of the effort that has propelled him, she said.

"Graydon really worked hard."

Nicholas, who graduated from law school at the University of New Brunswick, was the province's first native lawyer. He was appointed to the bench in 1991.

Nicholas also holds a bachelor of science degree in mathematics from St. Francis Xavier University and a masters in social work from Wilfrid Laurier University. He received an honorary doctor of laws degree from the latter institution.

He also taught native studies at St. Thomas University and was chair of the department prior to his appointment to the court. He's a member of STU's board of governors.

He's been a member of the Canadian Conference of Catholic Bishops' Council for Reconciliation, Solidarity and Communion with Aboriginal Peoples since it was formed in 1998.

Justice Minister T.J. Burke, who has a family connection to the Tobique First Nation, said Nicholas has been an inspiration to him, not only as a fellow Maliseet making his career in the law, but as someone who is able to see beyond the barriers that obstruct many.

Nicholas is known for highlighting social matters such as drug abuse and the safety of convenience store clerks from the bench and for directing his comments in a sincere way to both the accused and those affected by crime.

Burke said he's represented clients in Nicholas's courtroom too many times to count.

Nicholas, he said, is a man with a rich sense of tradition and values for language, culture and church.

It was a ruling Nicholas imposed against one of Burke's clients that led the justice minister to adopt a deeper view of the law and his clients.

"I'll never forget the case. The man was charged with drinking and driving. He was dying from his alcoholism,'' said Burke.

Nicholas sentenced the man, but he also showed compassion.

"He was acknowledging that being an alcoholic didn't make my client a bad person, but that the alcoholism was a bad thing that was having a bad effect. At the end of the day, my client was convicted, but he walked away saying, 'That might have been the best treatment I ever got.'

"It gave the man hope he could get better."

And Burke said the criticism Nicholas has sometimes faced is a testament to his empathy for the people who end up in his court.

"He's been criticized as being lenient at times. I think those who know him see him as compassionate. He always sees the good in people," said Burke.

Lt.-Gov. Hermenegilde Chiasson, an accomplished Acadian poet, playwright and university professor, had his term extended by 13 months last year so he will be able to oversee the Congrès Mondial Acadien (Acadian world congress) being hosted on the Acadian peninsula Aug. 7-23.

Nicholas couldn't be reached for comment.