Rosalie Silberman Abella is about to become the longest-serving jurist in Canadian history.
The Supreme Court justice was treated for a tumor, her fourth bout with cancer.
Daniel Urman, a Northeastern University specialist on the U.S. Supreme Court, says, “Abella is Canada’s version of Sandra Day O’Connor, Ruth Bader Ginsburg and Thurgood Marshall: She was a pathbreaking ‘first’ in many dimensions.” “I just watch the rest of the world,” Abella says. “The Canadian Supreme Court has become the leading constitutional court in the world.”
Her parents were living in Stuttgart displaced-persons camp following a dramatic reunion. After the Buchenwald concentration camp was liberated, her mother, Fanny, learned her husband was still at the Theresienstadt camp, which had been quarantined because of a typhus epidemic. She found him after sneaking into the camp with a garbage detail.
A document from the International Refugee Organization recommending that Jakob Silberman be allowed to immigrate to Canada. But then, pregnant with her second son, she became a family-court judge at 29, and acquired an intimate window into the margins of the culture that had shown her so much promise and privilege.
In Abella’s world, two words can make a world of difference. And for the world of her, she cannot imagine why these sorts of issues are so hard below the 49th parallel. Those same views have won her salutes in more liberal judicial circles worldwide. Listen in as she explains it in her Ottawa judicial chambers:
This notion emerged in the 2009 Hutterite Brethren case, involving a religious colony that did not want its members photographed for Alberta driver’s licenses. The court ruled for the province, but in her dissent, Abella wrote that the ruling would be devastating to the community because, in its view, the license photo meant showing allegiance to the country and not to God.
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