Rosalie Abella

Rosalie Silberman Abella
Born	(1946-07-01) July 1, 1946 Stuttgart, Germany
Occupation(s)	Jurist, judge, professor
Years active	1972–2021 (judge)
Known for	First Jewish woman and former refugee appointed to the Supreme Court of Canada; employment equity framework

Rosalie Silberman Abella (born July 1, 1946) is a distinguished Canadian jurist. In 2004, she was appointed to the Supreme Court of Canada, becoming the first Jewish woman and former refugee to hold a position on the Supreme Court bench. She concluded her service in 2021.

Early life and education

Abella was born in a displaced person camp located in Stuttgart, Germany, to parents Jacob and Fanny (Krongold) Silberman. Both of her parents survived the Holocaust—Jacob having endured the Theresienstadt Ghetto and Fanny the Buchenwald Concentration Camp—while her elder brother tragically perished during this period. Jacob, a graduate of law from the Jagiellonian University, directed legal services for displaced persons within the US Zone of Southwest Germany. The family relocated to Canada in 1950, though Jacob was unable to practice law there due to lack of citizenship.

From an early age, Abella was resolute in her ambition to pursue a legal career. She completed her secondary education at Oakwood Collegiate Institute and Bathurst Heights Secondary School in Toronto. She obtained a Bachelor of Arts degree in 1967 and subsequently earned her LL.B. in 1970 from the University of Toronto. Additionally, in 1964, she graduated from the Royal Conservatory of Music with a focus on classical piano.

Career

Abella was admitted to the Ontario bar in 1972 and practiced both civil and criminal litigation until 1976. At just 29 years old, she received an appointment to the Ontario Family Court (currently integrated into the Ontario Court of Justice) by then-Attorney General Roy McMurtry, becoming both the youngest judge and the first pregnant judge appointed in Canadian history. In 1992, she advanced to the Ontario Court of Appeal.

Between 1983 and 1984, Abella served as sole commissioner for the federal Royal Commission on Equality in Employment, commonly referred to as the Abella commission, appointed by Lloyd Axworthy. She introduced the term and framework of "employment equity," aiming to dismantle employment barriers faced by women, visible minorities, individuals with disabilities, and Aboriginal peoples. The commission’s principles on equality and discrimination influenced the Supreme Court's landmark decision in Andrews v Law Society of British Columbia (1989), which was its inaugural ruling on equality rights under the Canadian Charter of Rights and Freedoms. Furthermore, its recommendations shaped policies beyond Canada, impacting regions such as New Zealand, South Africa, and Northern Ireland.

In 1988, Abella served as moderator for the televised English-language leaders' debate featuring Brian Mulroney, John Turner, and Ed Broadbent.

Her leadership roles have included chairing the Ontario Labour Relations Board, overseeing Ontario’s Study into Access to Legal Services by Persons with Disabilities, and heading the Ontario Law Reform Commission. She contributed to the work of the Ontario Human Rights Commission and participated in the judicial inquiry concerning the Donald Marshall, Jr. case. From 1988 until 1992, she held a position as Boulton Visiting Professor at McGill University Faculty of Law.

In 2004, Prime Minister Paul Martin appointed Abella to Canada’s highest court, marking her as its first Jewish female justice. She served until July 1, 2021, retiring upon reaching age 75. Her retirement announcement came in February 2021, after which Prime Minister Justin Trudeau initiated the process for selecting her replacement. Justice Mahmud Jamal was appointed and took office on July 1, 2021. Since retiring from the bench, Abella has accepted visiting professorships at both Fordham University School of Law and Harvard Law School.

Renowned for her expertise in constitutional and human rights law, Abella’s judgments frequently reference foreign and international legal precedents. Her legal reasoning is widely respected by jurists across common law jurisdictions worldwide.

Honours and personal life

Abella has been bestowed with more than 38 honorary degrees, notably receiving an Honorary Doctor of Laws from the University of Saskatchewan in 2023. She was inducted as a fellow of the Royal Society of Canada in 1997 and honored with the Canadian Queen Elizabeth II Golden Jubilee Medal in 2002, followed by the Diamond Jubilee Medal in 2012. In 2007, she gained election as a foreign honorary member of the American Academy of Arts and Sciences. Yale University conferred an honorary degree upon her in 2016, marking her as the first Canadian woman to earn this distinction. Additionally, she has participated as a juror for the Giller Prize.

In recognition of her dedication to human rights and international criminal law, Northwestern Pritzker School of Law designated her Global Jurist of the Year in 2016. Two years later, in 2018, she was inducted into the American Philosophical Society.

Abella was married to the historian Irving Abella until his passing and is a mother to two sons.

Without Precedent: The Supreme Life of Rosalie Abella, a documentary directed by Barry Avrich, debuted at the 2023 Hot Docs Canadian International Documentary Festival.

See also

• Reasons of the Supreme Court of Canada by Justice Abella

External links

• Biography at the Supreme Court of Canada