The ceremony was the first such event held by the Supreme Court of Canada in 40 years
The Supreme Court of Canada marked the opening of its judicial year on Monday morning with a ceremony that saw the court’s chief justice and members of the bar repeatedly outlining concerns about a common theme: the rule of law.
“For us, the rule of law is non-negotiable,” Chief Justice of Canada Richard Wagner said to a room that included law professors, students, journalists, law clerks, and court registrars.
“Everyone in this room and across Canada’s diverse legal community is committed to public service. We are also united in our deep conviction that the rule of law and judicial independence are not abstract concepts,” Wagner added. “They are the best defence against tyranny and autocracy.”
Facing the high court’s justices, Minister of Justice and Attorney General of Canada Sean Fraser addressed the room after Wagner.
Fraser said that the future of Canada’s democracy is not certain.
“Around the world, some of the norms which we have held most sacred for many, many decades are being slowly eroded,” he said. “On the global stage, we see trading relationships fraying that we have taken for granted too often. We see members of the United Nations Security Council in open defiance of some of the norms that we have accepted as paramount.”
He added, “We see easily the temptation of political actors around the world and at home to give in to calls, to give away the rights of another person, to weaken our institutions in a moment of political expediency.
“It is very, very easy to give away the rights of others. But it is when it is most difficult that it becomes most important that we stand ardent in defence of the need for the law to protect those who do not have a voice to protect themselves.”
Canadian Bar Association President Bianca Kratt told the room that while Canadians currently enjoy a legal system they can trust, it is the duty of “people who work in the law and who care about the rule of law to remind Canadians to cherish it and to take its fragility seriously.
“We need to show our friends, our neighbours and ourselves not only the benefits of the rule of law, but also the risks of losing it,” Kratt said.
Other speakers included Kristen Boon, president of the Council of Canadian Law Deans; Teresa Donnelly, president of the Federation of Law Societies of Canada; and Hilary Book, president of the Advocates’ Society.
Monday’s ceremony marked the first time that the Supreme Court has held such an event for the opening of its judicial year since the mid-1980s. The ceremony was part of the high court’s celebration of its 150th anniversary, which has included visits by the court’s justices to Victoria, Moncton, and Yellowknife this year. The court’s justices are set to visit Sherbrooke and Thunder Bay in October and November.
The high court also celebrated its anniversary with a legal symposium and exhibitions, and by translating into both English and French some of the most significant decisions the court issued before the Official Languages Act came into effect in 1970, giving both languages equal status in the Canadian government. Since that year, the SCC has provided both French and English versions of all its decisions.
During his remarks, Wagner noted that he and his colleagues had donned black robes instead of their traditional red robes, reflecting “a modern and simple design that echoes our commitment to openness and accessibility in a way that is distinctly Canadian.”
He also noted that this would be the last judicial year before the courthouse undergoes a $1 billion renovation. The renovation will focus on modernizing and conserving the building, in addition to removing asbestos.
