The rule of law a non-negotiable in Canada

Canada is a “democratic superpower” where the rule of law is non-negotiable.

That was the message from Supreme Court of Canada Chief Justice Richard Wagner at his annual press conference, an effort to address the concerns people have expressed during his travels as part of the Court’s 150th anniversary celebrations. 

He says people are worried about increasingly autocratic regimes attacking institutions, the media, and the courts, and are concerned that this regression of democratic norms could happen in Canada.

“It is a message of confidence in our courts—that they remain steadfast guardians of the rule of law, resilient in the face of new challenges, and unwavering in their commitment to upholding the rights and freedoms of Canadians,” Wagner says.

While Canada has challenges, such as under-funding, delays, and costs, the judicial system is strong with well-trained lawyers and jurists. He says judges are governed by ethical principles, “which is not the case in many countries around us.”

He says confidence in the system begins with the open, transparent, and nonpartisan process for judicial appointments. The principle of judicial independence assures Canadians that judges make decisions based on the facts and the law and no other considerations.

“Judicial independence is not for the benefit of judges, but for the benefit of the public.”

This comes in the wake of Ontario Premier Doug Ford's statements, calling judicial independence “a joke,” while openly musing about electing judges within the province.

“I will not get into a debate on any statements of politicians—it’s not my role, and I will let other elected officials do that work,” Wagner says. “I understand that the chief justices in Ontario issued a statement following some comments about the value of judicial independence, and I support entirely their statement.” 

As part of the Court’s 150th anniversary celebrations, the Supreme Court will see the return of the ceremonial opening of the Court in October, which hasn’t happened since the 1980s. The event will mark the debut of new ceremonial robes for the justices.

“The Speech from the Throne on May 27th was the last time my colleagues and I will have worn those robes, with the white mink fur,” Wagner says. “This year, for the 150th anniversary, the moment has come to have new robes that better reflect Canadian identity. The new robes will be made in Canada.”

He also announced that the Court will sit to hear cases in Halifax in September 2027, as it previously did in Winnipeg in 2019 and Quebec City in 2022.

“Chief Justices Michael J. Wood and his colleagues from all levels of court in Nova Scotia will host us,” Wagner says, with details still to come.

In response to questions, Wagner says that the Court remains on track to move to the renovated West Memorial Building in June 2026 so that it can undergo much-needed renovations.

As for the issue of the translation of decisions made before 1970, he would not comment on the process currently before the Federal Court. However, the independent committee tasked with examining the matter and determining which decisions are most relevant to merit translation tabled its report with the registrar last week.

When asked about the ethical obligations on law firms to resist attempts at intimidation of firms by political executives—a reference to happenings within the United States—Wagner noted that lawyers in Canada are officers of the Court, with a responsibility and an obligation to support judicial independence and the rule of law, as well as the independence of the bar.

When asked why the Canadian Judicial Council is not subject to the federal Access to Information regime, he pointed to the ways in which he has increased the CJC's transparency, including statements on meeting deliberations and writing reports directly to federally appointed judges. Questions about the Access to Information regime need to be directed to Parliament.

Wagner noted that the CJC has just sent out a survey on the well-being of judges in Canada, and within two days, 30 percent of judges responded.

With regard to the proliferation of bills in Parliament that seek to direct mandatory training for judges on a myriad of subjects, now that the precedent has been set with sexual assault law, Wagner says the National Judicial Institute wants to have these education programs as part of the social context. This is particularly important for provincial court judges who deal with most of the sexual assault cases in Canada. 

“It’s important for all judges to have training about social context, and every year, the NJI will find new ways and set up new programs to ensure that all judges in Canada, federal and provincial, are trained properly to address the new reality.”

Wagner says the National Judicial Institute has also decided to extend its training to all provincial judges through an agreement made with the Association of Provincial Court judges, even though some provinces don’t contribute to the NJI.

“A judge is a judge, whether it’s a provincial judge, a municipal judge, a Court of Appeal judge, or a Supreme Court Judge,” he says. 

“I wish that all judges in Canada would be allowed to have the same training and professional education.”