EDMONTON, ALBERTA—The Honorable Leonard S. Tony Mandamin, PIC, counsel at Witten Indigenous Law in Edmonton, Alberta and retired judge of the federal court, trial division, and a member of the Wiikwemkoong Unceded Territory has been awarded with inclusion in the prestigious 2024 Canadian Lawyer Top 25 Most Influential Lawyers.
Judge Mandamin attended the Garnier Residential School for boys in his youth.
“Hon Leonard S. Tony Mandamin, IPC, fully deserves his inclusion in this prestigious group of lawyers, who have all significantly influenced the legal system in Canada and have created legacies that will benefit both the public and fellow lawyers for many years to come,” said Chris Sweeney, managing editor for special reports at Canadian Lawyer.
This recognition, “underscores Mr. Mandamin’s dedication to industry excellence and his continued enthusiasm to represent First Nations clients, defending their treaty rights.”
“My goal remains for meaningful progress in protecting and expanding Indigenous rights within the Canadian legal system,” said Mr. Mandamin.
Witten LLP stated, “We are delighted and proud to announce that the Honourable Leonard S. Tony Mandamin, IPC, Counsel at Witten and Retired Judge of the Federal Court, Trial Division, has been included in the prestigious 2024 Canadian Lawyer Top 25 Most Influential Lawyers. Tony has been awarded this recognition in the category of Human Rights Advocacy, and Criminal Law for his more than four decades of dedication to championing Indigenous rights within the Canadian legal system.”
“As an Anishinaabe and a proud member of the Wiikwemkoong Unceded Territory on Manitoulin Island Tony was brought up with a deep-seated passion for championing Indigenous causes. To this day, the desire to protect and expand Indigenous rights within the legal system has been his key motivation, stemming from a profound sense of responsibility for his community and the Indigenous community at large, as he passionately works to ensure justice and equality,” said Witten LLP.
As an impartial authority in the legal sector, Canadian Lawyer conducted an exhaustive study to identify and showcase the industry’s top performers. In this thorough assessment, Mr. Mandamin emerged as one of the distinguished contributors to the industry. Canadian Lawyers 30+ strong intelligence unit determined the winners by following a rigorous process, which included interviewing objective industry professionals and extensive research. The winners are those who matched the exacting criteria.
“Mr. Mandamin has dedicated over four decades to championing Indigenous rights within the Canadian legal system, a body of work guided by the Anishinaaabe teachings of honesty, humility, courage, and respect, values he embodies every day,” Canadian Lawyer said. “His commitment to serve his community began in childhood, inspired by watching his grandmother help an elderly couple write a letter to the Indian agent on an important matter.
“That memory stayed with me, and as I become increasingly aware of the disadvantaged situation of Indigenous people, I resolved to work toward changing that circumstance,” said Mr. Mandamin. “Eventually, I settled on law and am still working toward a better place for Indigenous people in Canada.”
“I was called to the Alberta Bar in 1983,” said Mr. Mandamin who, just two years later, founded Alberta’s first Indigenous law firm with the intent to create a space where First Nations, Indigenous organizations, and Treaty and Metis individuals could seek justice.
“I was a lawyer for 17 years in Alberta, establishing my own native law practice,” said Mr. Mandamin. “I was appointed to the provincial court in 1999, as a provincial court judge criminal division and to peacekeeper court.”
The early years were filled with long days and the challenge of breaking into a system that often felt indifferent to the struggles of Indigenous people, he said. Despite the hurdles, his advocacy for his clients was unyielding leading him to landmark cases such as R v Badger, which reached the Supreme Court of Canada.
“Criminal law is more than human rights, it is defending treaty rights,” said Mr. Mandamin, who represented one of three Treaty Indigenous hunters charged for hunting without a licence or out of season though their treaty rights assured them of the right to hunt for food. “In R vs. Badger (1995) three treaty Indigenous people had all been charged with hunting on private property. They were all hunting for food, specifically moose, one caught hunting near a farmhouse, one in a farmer’s field and another in a field of muskeg. They were charged under the Wildlife Act in Northern Alberta. At the trial the three accused argued that they were entitled to hunt for food as part of their aboriginal treaty rights. The Supreme Court said that treaties are sacred and that the spirit and intent of treaties should be honoured.”
In 1999, when Mr. Mandamin was appointed a provincial court judge, he assisted the Tsuu T’iina in establishing the Tsuu T’ina Peacemaking Court and worked with the Siksika to incorporate Blackfoot Askapiikmohiiks traditional mediation as an integral part of the process in the Siksika Provincial Court. He participated in the development of its Aboriginal Litigation Guidelines, which recognize the important role of Indigenous elders and makes sure they are treated with respect during litigation.
“In 2007 I was appointed as a federal court justice and sat as a federal court judge for 12 years, until 2019,” he said.
In 2019, Mr. Mandamin was recognized with the Indigenous Peoples’ Counsel designation by the Indigenous Bar Association.
In the past 18 months alone, he has delivered 19 presentations in various forums across Canada, including at law schools and post-secondary institutions, at Indigenous agencies, Indigenous conferences, judges’ seminars and government agencies.
“To the extent that being influential helps, it enables me to carry on,” said Mr. Mandamin. “Being influential means leveraging my knowledge and experience to effect positive change. This involves sharing insights with a broad audience, including decision-makers and Indigenous communities. It also means mentoring the next generation of Indigenous legal professionals, empowering them to continue the work begun and to drive further progress,” he said.
At nearly 80 years old, Mr. Mandamin remains as passionate as ever. While he balances his time more carefully, dividing his attention between his grandchildren and his work at Witten LLP in Edmonton, Alberta, he continues to represent First Nations clients, defending their treaty rights with the same enthusiasm he’s had since the beginning, said Witten LLP.
“I was one of five lawyers from across the country who was chosen in the human rights criminal law category,” Mr. Mandamin told The Expositor. “Oh yes, I still have several cousins and relatives on the Island (in Wiikwemkoong). I had a camp on the Island that my wife and I would use one or two weeks a year on visits to the community. We sold the camp this year although we can still use it when we visit the Island.”
Mr. Mandamin was born in England on August 19, 1944, during World War II. “My father, George Mandamin, was Odawa, an Anishinaabe from Wiikwemkoong who was drafted and sent overseas as a member of the Canadian Forestry Corps. My mother, Erna Engelbrecht was a Jewish child who had been sent out of Germany by her parents to escape the rise of the Nazi regime.”
“My parents met in London and married in England,” said Mr. Mandamin. When the war ended, George was shipped back to Canada directly from the front with the other Canadian troops. Erna and young Tony were eventually transported to Canada on the Queen Mary with the rest of the war brides and children. From Halifax they travelled across the country by train to eventually be met by George. Reunited, the family completed the journey to Wiikwemkoong where they were met by the rest of the Mandamin family.
George had named their child Leonard after a brother while Erna named him Stephen after her brother. The parents compromised on ‘Tony’ as he is now known. After the war, George travelled pursuing a career in ironwork. When young Tony was five, Georg brought Tony to his grandmother, Mary Mandamin, who then raised him. Tony spent his formative years with his grandmother in Wiikwemkoong until he finished Grade 10 when he began to go to school off Manitoulin.
The 15th edition of Canadian Lawyers Top 25 Most Influential Lawyers celebrates the most deserving legal professionals making immense contributions nation-wide through their leadership, in 2024.
“What strikes me about the people who ended up on the list is that they’re a uniquely diverse group doing exceptional work in many fields and from many platforms,” said Janice Rubin, a former Most Influential Lawyer award winner and partner at Rubin Thomlinson LPP, whose valuable input helped choose this years honorees a member of CL’s editorial panel.