SCC Visit to Quebec City - Public Meeting

Words of Welcome from the Right Honourable Richard Wagner, P.C.
Chief Justice of Canada

Good afternoon everyone. I am happy to see so many of you here today at the Musée de la civilisation. Residents of Quebec City and the region are fortunate to have easy access to this world-class institution. The museum likes to say, ‘Notre musée, c’est la maison du monde’. What a wonderful way of communicating the spirit and excellence of this place! I would like to express my thanks to the Museum and its employees for hosting us here today. And everyone in the audience today – I would like to thank you for your interest in the Supreme Court of Canada. My colleagues and I look forward to these opportunities, outside the courtroom, to demystify the work of the Court.

I am so pleased that all nine of us are here together to speak to you, about what we do and how we do it. We all have different backgrounds, lived experiences and come from different parts of the country. Yet each one of us is passionate about the principles of open courts and access to justice. They inspire initiatives such as this one.

Let me introduce everyone to you. And I think it would fitting to start with the newest member of the Court, Madame Justice Michelle O’Bonsawin. Today was her first Supreme Court hearing! Next, we have Justices Mahmud Jamal, Nicholas Kasirer, Sheilah L. Martin, Malcolm Rowe, Russell Brown, Suzanne Côté and Andromache Karakatsanis. Together, our role is to decide the country’s complex and significant legal questions that are of importance to people right across the country.

Tomorrow for instance, the Court will hear the case of Janick Murray-Hall v. Attorney General of Québec. At issue is a Québec ban on owning and growing cannabis plants for personal use. So, you might ask yourself, ‘why would this interest anyone outside Quebec?’ That is a great question! It’s because the case raises constitutional questions about the compatibility of federal and provincial cannabis laws. And that is why many other provinces will participate in tomorrow’s hearing.

As the final court of appeal in Canada, the Supreme Court has jurisdiction to hear disputes in all areas of the law. Our mandate is to decide and provide guidance on some of Canada’s most challenging legal issues. Ones that are often of national interest to a great number of people. The Supreme Court is the ultimate guardian of our Constitution and it ensures the protection of Canadians’ rights and freedoms, as guaranteed under the Charter. To sum it up - the Court resolves some of the country’s biggest arguments, it helps develop Canadian law, and ensures laws are applied clearly and fairly across the country.

The Supreme Court is the only bilingual and bijural high court in the world. We hear and decide cases in French and English, and deal with cases from Canada’s two major legal traditions – the French Civil Code and British Common Law. The Court usually hears between 60 and 70 appeals per year. They come from provincial and territorial appeal courts, the Federal Court of Appeal, as well as the Court Martial Appeal Court of Canada.

We also decide references questions, which come from federal, provincial or territorial governments. That’s when they ask the Court for its opinion on an existing or proposed law. In recent memory, these have included questions about same-sex marriage, extraditing Canadians to countries with the death penalty and the federal government’s carbon pricing regime.

A moment ago, I mentioned the principle of access to justice, which at its most basic meaning, means everyone who has a legal problem should be able to resolve it in a fair and timely manner. Barriers to accessing justice include not being able to afford legal services, court delays, or not being able to understand legal forms and rules. Just for a moment, imagine how many legal problems could be resolved if everyone understood their rights and freedoms, as well as our laws and justice system. Access to justice is about equality, which is the foundation of our democracy. That foundation grows stronger when people have better access and understanding of our courts, because that builds confidence in the justice system. Justice is more than a service – it’s a basic need!

While the Supreme Court does not hold trials with evidence and witnesses, we are doing what we can to help people understand the work we do. Supreme Court staff now produce a one-page plain language summary of every decision we make, to help people understand the history, context and reasons for our judgments. I admit, it is not always easy to understand a 100-page judgment full of legal jargon, references and citations!

The Court also produces and annual report that shares information, statistics and photographs about our work and activities. It is called the Year in Review and you may find it on our website or, if you prefer a hard copy, you may pick one up on your way out this afternoon.

In addition to the open court principle and access to justice, Members of the Supreme Court – indeed ALL judges – are devoted to the principle of judicial independence. It is fundamental to upholding Canada’s stable democracy, the rule of law and robust protections for our collective rights and freedoms. Being independent of the legislative and executive branches of government means that unlike politicians, judges have the freedom to make decisions that are not always popular. Rather, we make decisions based on what is right, in the context of our legal traditions and rule of law.

That independence actually starts before a judge is appointed. It is worth mentioning that the process for selecting judicial candidates has never been as independent as it is now.

The public can have confidence in the impartiality and independence of the Supreme Court, and of all the courts in Quebec and Canada. It can be easy to forget that judicial independence exists not for the benefit of the judges, but for the citizens who can be certain they will get a fair hearing. The Supreme Court is always here for you. Thank you for taking the time to be here. We are all ready to answer your questions.

Supreme Court of Canada Visit to Quebec City
Public Meeting
Chief Justice of Canada
Quebec City, Quebec
September 14, 2022