麻豆传媒

This story originally appeared in the听2024 edition of听Hearsay, the Schulich School of Law鈥檚 Alumni Magazine.

In law school, Perry Borden (鈥�02) dreamed of becoming Halifax鈥檚 own Johnnie Cochran 鈥� the American attorney best known for his role defending football player O.J. Simpson in a murder trial. Being the chief judge of the Provincial Court of Nova Scotia and the first African Nova Scotian to achieve that position was the furthest thing from his mind.

鈥淔or a kid from North End Halifax and Newfoundland to become chief judge shows if I can do it, truly anyone can,鈥� says Borden, who began his five-year appointment in August 2023. 鈥淚 want to inspire those coming behind me.鈥�

Borden started his criminology degree at Saint Mary鈥檚 University at age 21. He was the first person in his family to not only enter university but to graduate from high school, with the goal of becoming a corrections officer. While at Saint Mary鈥檚, he worked full time at the Nova Scotia Home for Colored Children. One day, a colleague at the former orphanage asked him about his future plans. At the time, Burnley Allan 鈥楻ocky鈥� Jones, ONS (BA 鈥�74, LLB 鈥�92), who would become a legend in the province鈥檚 legal system, was graduating from the Schulich School of Law. 鈥淵ou鈥檙e as smart as Rocky,鈥� his colleague said, encouraging him to aim high.

Borden applied to the law school's Indigenous Blacks and Mi鈥檏maq Initiative, a program providing scholarships and mentorship to help students like him pursue careers in law. He was accepted and at age 27, he started classes. 鈥淚 knew if I studied law, I could make a colossal difference in my community versus being a corrections officer,鈥� he says.

But getting through the program wasn鈥檛 easy or enjoyable. Although he felt like quitting at times, Professor Emeritus Rollie Thompson (鈥�78) and mentor Doug Sparks encouraged him not to. 鈥淛ust get your law degree and see what happens,鈥� Sparks told him.

Eventually, Borden enjoyed the collegiality he shared with some law students and served as vice president of the 麻豆传媒 Black Law Students鈥� Association.

鈥淭here are always challenges and opportunities, it鈥檚 what you do with those challenges and opportunities that makes the difference,鈥� he shares.

While at law school, he met Halifax litigator Mary Jane McGinty through his involvement in a legal case centered on access to clean drinking water in the historic Black community of Upper Hammonds Plains. When he graduated, he took a job as an associate at McGinty McCleave law firm.

As a lawyer, he worked to improve access to justice and legal services for historically marginalized groups, serving on the Nova Scotia Barristers鈥� Society鈥檚 racial equity committee.

In 2007, he joined the Public Prosecution Service motivated to work on more criminal cases. Within four months of becoming a Crown attorney, he was assigned a high-profile aggravated sexual assault and dangerous offender file. During the last five years of his prosecutorial career he worked in the special prosecutions service, focusing on cybercrime, child pornography and sexual assault offences. He became senior Crown attorney and held that position until he was appointed to the Bench in 2020, the same year he received the Queen鈥檚 Counsel designation.

鈥淭hrough my work in the Crown鈥檚 office I built a reputation of being fair but formidable,鈥� he says. 鈥淚 was known for prosecuting sexual offences. I knew I was making a difference for victims.鈥�

Borden served as president of the Nova Scotia Crown Attorneys Association and in 2019, he led the Association in an acrimonious battle with the government over wages. He mentored numerous law students and initiated an articling program in the Public Prosecution Service. 鈥淭hat is probably one of the proudest things I did as a Crown prosecutor,鈥� he adds.

Born in Halifax鈥檚 North End neighbourhood, Borden鈥檚 father worked for the city driving dump trucks in the summer and plows in the winter. After his parents separated when he was five years old, he moved with his mother to Corner Brook, Nfld. For much of the time he lived there, he and his sister were the only Black people in the area. 鈥淚 was different; I stood out,鈥� he says. 鈥淚 can remember somebody calling my sister the N-word walking home from lunch.鈥�

Despite facing racism in Newfoundland, it was more overt when he moved back to Nova Scotia when he was 16. Borden had his first encounter with the law at age 18. Following a fight between young Black and white men in Halifax, he was charged with aggravated assault for a crime he didn鈥檛 commit. 鈥淧olice didn鈥檛 ask me my side of the story,鈥� he says. 鈥淚t was an eye-opening experience. Just because the police say somebody did something doesn鈥檛 mean that they did what they are alleged to have done.鈥�

Borden went to court facing the accusations of four white people. 鈥淚 took the stand and I gave my side of the story and told them who did it.鈥� The hearing adjourned; the person Borden identified came forward and took responsibility for the crime.

Throughout his life, Borden has fostered his gift for bringing different groups of people together. He hasn鈥檛 changed his approach since becoming chief judge. 鈥淚 look for collaborative ways to make the system more efficient,鈥� he says. 鈥淭hat involves engaging various stakeholders.鈥�

Currently, he is helping to establish the province鈥檚 first bail court in Halifax that will hear cases from across the province virtually. 鈥淣ova Scotia is long overdue for a bail court. It is not uncommon to have dozens of accused individuals in custody every day,鈥� he says. 鈥淗aving dedicated resources for bail hearings is a more efficient and effective approach that will have a positive impact on all areas of the criminal justice system.鈥�

In his cherished time outside the courthouse, Borden cooks dishes like curry chicken and stewed beef for his wife and their teenage son. On most Sundays, they attend the Emmanuel Baptist Church in Upper Hammonds Plains and whenever he can, he turns off his phone and heads to the river by his home in Middle Sackville to fish.

Borden鈥檚 appointment brings with it a new title, a new office and countless new responsibilities, but what is essential to him hasn鈥檛 changed 鈥� standing up for his beliefs.

鈥淢y entire life, I鈥檝e been the guy rallying behind people, fighting for justice.鈥�
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