Chief justice concerned about disinformation, resources
Says elected leaders should read Supreme Court decisions before speaking about them
During his annual media availability, Supreme Court of Canada Chief Justice Richard Wagner outlined his ongoing concerns about disinformation undermining the confidence in the justice system, and the continued under-resourcing of courts by provincial governments.
He says they have not done enough to prevent stays of proceedings under the timelines instituted by the Court in R. v. Jordan.
“One stay of proceedings is one too many,” Wagner told reporters.
“The problem is that in some provinces, there is not enough funding and there are not enough judges, so an accused cannot have his or her trial within a reasonable delay, and we said in Jordan that was 30 months maximum.”
He said Jordan is the consequence of a lack of government funding and investment, and it’s not a situation we should adapt to.
Governments — particularly provincial ones, as they are responsible for the administration of justice — should provide enough funding to ensure that a trial will be held within a reasonable time to ensure that Jordan timelines are respected, Wagner said, adding it's not fair for the accused, for victims, for witnesses, or society, to see these kinds of delays.
“Elected officials should make sure that a trial in criminal law would proceed within a period of 30 months,” he said.
However, he is encouraged by the fact the federal government has reduced the backlog of judicial vacancies from around 90 positions a year ago to 57. He also expressed confidence that the federal government could fully rectify that situation.
Nevertheless, Wagner said that chief justices in certain courts, particularly those in BC and Ontario, have told him they are having a hard time attracting talent to the bench. That’s partly because wages aren’t competing with the earning potential of staying in private practice. Other issues include working conditions on the bench, a lack of support in most provinces, lagging technology, and deteriorating conditions.
“We have to make sure that everyone plays their role — the federal government in appointing judges and the provincial governments in supporting the administration of justice in their province,” he said.
“They should maybe talk to each other more about what their needs are.”
He also reiterated his concerns about disinformation undermining confidence in the justice system, some of which stems from political actors not reading decisions before they opine on them. One example involved the use of the term “person with a vagina,” which saw columnists and political actors take issue with the phrase. The Quebec National Assembly unanimously passed a motion denouncing the ruling, claiming it makes women invisible. Some parties later acknowledged they should have handled the situation differently.
In French, Wagner said that disinformation circulated because people didn’t read the decision for themselves.
He pointed to a related trend where politicians scrutinize judges more than the judgments themselves.
“It is one thing to express disagreement with a decision, but it is another thing to criticize it because of who the judge is or how they were appointed,” Wagner said.
“Comments like this undermine public confidence in the justice system. We should be especially concerned when elected representatives say these things.”
Questions around confidence in the justice system have led to political actors threatening to invoke the notwithstanding clause to reform laws related to bail and sentencing, as Conservative leader Pierre Poilievre threatened in April in a speech to the Canadian Police Association. Last week, Bloc Québécois MP Denis Trudel tabled Bill C-392, which would invoke the clause to override the Jordan decision to prevent stays of proceedings in criminal cases.
When asked about this perceived loss of confidence, Wagner returned to his concerns about debating in good faith and not trying to undermine the system.
“Provided that the public understands the judicial system, provided that the public has faith in the justice system, democracy will survive and will get stronger,” Wagner said.
“It goes back to the same element — we should make sure not to undermine our institutions and not undermine the justice system, the courts, the judges. Be open to critics, be open to debate — that’s part of a strong democracy. But don’t undermine the institution because people, particularly the most vulnerable, will lose faith in the institutions.”
To remove any barriers, particularly for self-represented litigants, Wagner said the Supreme Court has removed filing fees, and that the Court’s e-filing portal is now mandatory. He also noted that the Canadian Judicial Council is pleased that Bill C-9, which amends the Judges Act, is now law and that a new policy on the publication of judicial conduct decisions has been adopted.
