The Hon. Gerald Michel

This oral history interview with Judge Gerald Michel provides a comprehensive account of his judicial career spanning from 1968 to 1995, with particular emphasis on his pioneering work in Native justice and bilingual court proceedings in Northern Ontario. Michel, a French-Canadian from Sudbury, describes his progression from private practice to Crown Attorney (1966-1968) and then to Provincial Court Judge, serving in North Bay and later Sudbury as Senior Judge for the Northeast Region.

The interview extensively covers Michel’s groundbreaking work with Indigenous communities, including his role in developing Native Justice of the Peace programs and establishing alternative justice mechanisms involving Elders in sentencing decisions. He describes the cultural challenges and communication barriers between Indigenous accused persons and the traditional court system, noting how concepts like actus reus and mens rea were foreign to Indigenous understanding of justice. Michel also details his involvement in establishing bilingual court proceedings in 1976, making French-language trials available in Ontario’s provincial courts.

As Regional Senior Judge, Michel oversaw a vast territory covering much of Northern Ontario, managing 17-18 judges across remote communities and reserves. The interview reveals the practical challenges of delivering justice in the north, including extensive travel requirements, makeshift courtrooms in community centers and schools, and the isolation faced by judges in remote postings. Michel’s career exemplifies the evolution of Canadian provincial courts from simple administrative bodies to more culturally sensitive institutions addressing the needs of diverse communities.

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