Annual News Conference with the Parliamentary Press Gallery

Remarks by the Right Honourable Richard Wagner, P.C.
Chief Justice of Canada

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Thank you very much. Good morning to everyone. Thank you for joining me today and for your interest in the Supreme Court of Canada and our justice system. I always look forward to this opportunity to speak with the media and with journalists here in-person and online; and of course, to answer your questions.

My colleagues and I appreciate the work you do. When covering the Supreme Court, journalists inform the public about our work, activities and the Court’s crucial role in Canada’s democracy. Many of you also bring important legal issues to light; such as the under-funding of legal aid, high legal fees, court backlogs, delayed hearings and judicial vacancies.

While there have been a few federal judicial appointments in recent weeks, the number of vacancies hovers at around 80 across Canada. At a recent meeting of the Canadian Judicial Council, a significant portion of our discussions focused on the impact of these vacancies on our courts and judges. Some courts have been required to operate for years with ongoing vacancy rates of 10 to 15 percent. It is not unusual to see some positions remain vacant for many months and in some cases, for years. Appointments to the key offices of chief justices and associate chief justice are also made very slowly.

These empty positions have a significant impact on the administration of justice, the functioning of our courts, and access to justice for the public.  They exacerbate an already alarming situation in some courts that are facing a critical lack of human and financial resources. Together, Canada’s Chief Justices decided to raise these concerns at the highest level of government.

In February 2018, some of you may recall that I spoke publicly about the need to overhaul the system for complaints of serious judicial misconduct. I called the current process, outdated, slow and opaque. I also said that, “Canadians expect transparency and accountability. Yet we continue to operate under a 1970s model of judicial administration.” ^{Footnote 1}

The Canadian Judicial Council cannot unilaterally modify this process. It’s up to Parliament. I was very encouraged in 2019 when the government responded by initiating discussions on legislation. Bill C-9 proposes a more transparent and efficient process for dealing with allegations of judicial misconduct by federally-appointed judges – one that is fair to both judges and complainants. There have been too many public inquiries that have taken far too long and been far too expensive. They are also taxing on our busy Federal Courts. It is also worth remembering that the taxpayer covers ALL costs for these inquiries – including for the judge at the centre of it all. Unfortunately – and I can talk about this a little later – Bill C-9 is still before Parliament.

Now, I expect many of you will have questions for me about Russell Brown’s decision to retire from the Supreme Court. I would like to remind the public that the allegations he was facing at the Canadian Judicial Council had nothing to do with his work as a judge.

Justice Brown had been absent from the Court since February 1st, while the Canadian Judicial Council reviewed a complaint against him. Upon receiving the complaint, I called Justice Brown and he agreed with me that the only course of action would be for him to stay away from the court pending the resolution of the complaint. The Court confirmed his absence about two weeks later, on February 17. As you know, although I chair the Council, I have no role whatsoever to play in the investigation process.

The Supreme Court of Canada has continued to serve Canadians in rendering independent and impartial decisions on questions of importance to the public. All eight of us have heard cases, rendered judgments and decided applications for leave to appeal. For those of you who have asked about sitting with seven or five judges, I can assure you that this is a normal practice and provided for under the Supreme Court Act. For example, throughout the years, in 2012, the court sat with a panel of seven 48 times. In 2019, it sat with a panel of five on 12 occasions and with a panel of seven on 20 occasions.

With Justice Brown’s departure, the Court now looks forward for the Prime Minister to exercise promptly the necessary care and consideration in appointing a new justice of the Supreme Court of Canada.

I would like to turn, now, to the work of the Supreme Court over the last year. The highlight for me was our second trip outside Ottawa to hear cases and engage with the public. The visit to Quebec City in September was a great success. Hundreds of people attended two hearings on cases that originated in the province. You may recall the case about growing cannabis plants at home, as well as the case about breathalyzers for people suspected of driving under the influence of alcohol. Decisions have since been rendered in these cases. The Court hosted a well-attended event for the public, and judges visited students at local high schools and Université Laval. 

For our newest colleague, Justice Michelle O’Bonsawin, the hearings in Quebec City occurred just 12 days after her swearing-in! Her appointment was made effective on September 1st, after the retirement of our good friend and colleague, Justice Michael Moldaver. For years now, I have told you about the importance of diversity on the bench of the Supreme Court – and every other court. More and more Canadians are seeing themselves represented on the bench. This can only serve to build more confidence in the justice system.

The Court will continue to hear cases in different parts of the country. They are one of many ways the Court demonstrates its commitment to transparency, accessibility and the principle of open courts. Recently, I was delighted to hear Nova Scotia Chief Justice Michael Wood announce that the Court of Appeal will sit outside Halifax in 2024, with a visit to Sydney! Internationally, France’s Cour de Cassation and the Conseil constitutionnel have also started to travel to hold hearings and to meet the public.

In Ottawa, the Supreme Court is re-open to the public. For me, it feels great enter the courtroom for a hearing and see members of the public and reporters. Guided tours have also resumed at much the same pace as before the pandemic. In May, for example, 6,000 people visited the Court, surpassing the number of people who visited in August 2019. For those of you wondering when the bench will return to its original configuration, I can tell you that my colleagues and I will once again be seated together, in a single row, at the beginning of our hearing session this fall.  

Earlier this year, the Supreme Court released its fifth edition of its annual report, the Year in Review. It tells Canadians about the work and activities of the judges and Court employees. It also includes plenty of useful statistics. The Court rendered 53 judgments in 2022 and 65% of all appeals related to criminal matters. For those of you who monitor how often we all agree on a decision – 55% of our decisions were unanimous in 2022, the highest level since 2016. So far in 2023, nine out of sixteen decisions have been unanimous.

For those who want more recent news about the work and activities of our judges in and outside the Court, I invite you to follow us on social media. That is where we also share educational and historical information, and try to answer emerging questions, such as how often the Court sits with seven or five judges. A graphic with that information has just been posted last month.

We strive to have an open and transparent court, encourage others to do the same, and learn from them. Earlier this spring, I met with court communications officers across Canada, who gathered to discuss how to meet the needs of journalists and member of the public.

In my remarks, I encouraged judges and communicators alike, to provide the public with information that is relevant, in plain-language and easy to find. In other words – to tailor information to the public they serve. One of my favourite examples of this is how the Nunavut Court of Justice tweets in English, French and Inuktitut.

I always welcome opportunities to meet with various stakeholders in our justice system – judges, lawyers, civil society. Recently, I attended activities with the Canadian Association of Provincial Court Judges in Halifax, the Canadian Bar Association in Charlottetown,  the Federation of Law Societies of Canada in Ottawa, l’Association des juristes d’expression française in Canmore, Alberta, Pro Bono Students Canada in Vancouver, Juripop in Montreal, the Clinique juridique en droit social de l’Outaouais and Lawyers Without Borders – just in the last few weeks alone. I know that my colleagues are also very involved. These meetings allow us to learn more about inspiring initiatives and the concerns of different stakeholders, to exchange ideas and provide fuel for our own reflections.

I would now like to give you an update on the Action Committee on Court Operations. This is the group that I co-lead with Justice Minister David Lametti. We established the committee at the outset of the pandemic to find ways to keep courts open. Recently, our members decided to continue its work until at least the fall of 2024. We also updated the group’s mandate and key principles. One of them relates to reconciliation with Indigenous Peoples; and how action is required to dismantle institutional barriers that have limited access to justice. I look forward to seeing how this work progresses over the next 18 months. I encourage you to read more on the website of the Office of Canada’s Federal Judicial Commissioner.

As chair of the National Judicial Institute, I can tell you that it continues to rise to the challenges of these times with world-class education that encompasses substantive law, skills and social context. It is the reason why Canada’s judges are the best-trained judges in the world.

Last year, the NJI delivered 79 programs across Canada for a total of 211 education days – which is 30 more than the pre-pandemic average. Highlights of some of the new in-person programs include an Indigenous Law Seminar on the territory of the Whitecap Dakota First Nation outside Saskatoon; and a “Judging in Your First Five Years” family law course. In partnership with the Canadian Judicial Council, the NJI is also opening up more training spots for provincial and territorial judges. And as some of you may know, the NJI continues to offer training to judges and court administrators around the world. An investment in judicial education promotes a culture of judicial excellence.

There is also an international component to my work. As Chief Justice of Canada, I welcome foreign delegations from other courts and participate in judicial exchanges. These are valuable exercises for me and my colleagues. This practice is one of the few opportunities to sit down with our international counterparts and hear about the realities of their courts and communities, and how they deal with emerging legal issues.

Over the course of the last year, we have had exchanges with the Supreme Courts of Ireland and Israel, and participated in the Asia-Pacific Judicial Colloquium in New Zealand. I also had virtual meetings with my counterparts in Japan and South Africa. Our conversations have focused on comparative law, court modernization, judicial independence and disinformation. Every year, I also speak with a group of newly-appointed high commissioners and ambassadors to Canada who we welcome to the Court in order to describe our role in our democratic system.

A theme that I consistently raise is how judicial independence is in decline in many parts of the world. It’s worth reminding, this principle does not exist to serve judges. It is essential to ensuring judges decide legal questions based on the facts and the law, free from undue influence and interference. Even in Canada, there is misinformation about our legal system. This is not always well understood.

Upon receiving the Nobel Prize in 2021, Filipina journalist Maria Ressa said, “Without facts, you can’t have truth. Without truth, you can’t have trust. Without trust, we have no shared reality, no democracy and it becomes impossible to deal with our world’s existential problems: climate, coronavirus, the battle for the truth.” ^{Footnote 2}

Just like a free and independent press, there is no democracy without judicial independence. These are principles that all of us need to uphold – from reporters to politicians, to lawyers and judges, to members of the public.

Thank you for your attention. I am ready to take some of your questions.

Remarks by the Right Honourable Richard Wagner, P.C.
Chief Justice of Canada
On the occasion of the Annual News Conference with the Parliamentary Press Gallery
Sir John A. Macdonald Building
Ottawa, Ontario
June 13, 2023

Related Link

Archived video of the press conference