At York University’s Fall Convocation ceremony on the morning of Oct. 18, an honorary degree was presented to Indigenous legal expert Robert Potts, who has been a partner at law firm Blaney McMurtry LLP for over 45 years and also serves as the firm’s general counsel.
Focusing much of his career on Indigenous law was never Potts's plan – which might come as a surprise to those who know he has been actively representing and counselling Indigenous people since the early 1980s, and has successfully negotiated several land claim settlements.
"The circumstances surrounding my entry into the practice of Indigenous law were serendipitous," Potts told the convocation crowd.
He explained that in the mid '80s, after former Toronto mayor David Crombie was named minister of Indian affairs and northern development, one of Crombie's first tasks in the role was a cross-country tour to meet the chiefs and councillors of the various Indigenous groups that fell under his ministry's purview. Accompanying him on his tour was Potts's business partner, the late William (Bill) McMurtry. One of the people the pair met on their travels was Keith Goodswimmer, a First Nations councillor from Sturgeon Lake Cree Nation in Alberta, which had been dealing with a land claim issue.
"Upon meeting," Potts explained, "Bill implored [Goodswimmer] to assist his people in advancing their treaty shortfall claim and to rein in the government of Alberta from disposing of more provincial lands around the reserve to the oil and gas interests before the shortfall claim could be satisfied."
When McMurtry returned from his trip, he promptly decided that Potts, who had recently been granted a temporary call to the Alberta bar to represent First Interstate Bank, would be the perfect person to champion his latest cause.
"So with absolutely no knowledge of Aboriginal law to the extent that it had evolved by then, I trudged off to Alberta to meet my new client," said Potts.
Being the diligent Toronto lawyer he was, Potts arrived at his first meeting with Chief Ron Sunshine and his Sturgeon Lake Council with a detailed plan of how to approach the case. Much to his surprise, his presentation was met with, as he recalled, "deafening silence."
The chief suggested a break and encouraged Potts to take a stroll while the council had a discussion. Naturally, Potts feared the worst.
"I had this sinking feeling of a man on the way to his own execution," he said. "I genuinely believed that I was on the verge of being fired."
After about 20 minutes, Chief Sunshine called Potts back to the council office, where, to his surprise, the council was in agreement with his plan. Potts learned that day about the importance of consensus.
As it turned out, one of the council members was unsure about some points Potts had raised, and he required a bit of extra time to get on board.
"As Chief Sunshine pointed out to me, this concept of consensus was founded on a tradition that dated back into the millennia," Potts said.
If Indigenous families were to endure in their challenging natural environment, they needed to reach a consensus on decisions related to their survival, like hunting and gathering. As Potts would discover in the years that followed, consensus remains a critical part of the decision-making process with Indigenous clients.
The Sturgeon Lake claim was settled amicably, and in record time. And the rest, for Potts and the direction of his legal career, is history.
"The confluence of events, culminating in this case, propelled me into the world of Aboriginal law and land claims – both in Alberta and Ontario – and has proven to be the most intellectually and emotionally compelling elements of my career," said Potts.
His takeaway for graduands: "As you embark on your careers, no matter how much pressure is exerted upon you in the formative stages of that journey to stay on a particular path, try mightily to resist that and remain open to a variety of options that may present themselves."
He urged grads to embrace and explore these unexpected opportunities as they arise, knowing they could turn out to be serendipitous twists of fate that lead to a fulfilling future career they had never envisioned – just as they did for Potts.