Supreme Court chief justice says threats to rule of law ‘troubling’

Supreme Court of Canada Chief Justice Richard Wagner is sounding the alarm about the threats to the rule of law and judicial independence around the world. 

Speaking at the Canadian Institute for the Administration of Justice’s conference, Democracy, the Rule of Law, and Independence, this week, he pointed to the World Justice Project’s 2025 Rule of Law Index, which shows that for the eighth year in a row, the rule of law has declined in most countries, and that this decline is growing faster. 

“We see attempts to politicize the courts, erode public confidence in our justice systems, and weaken the institutions that are the foundations of ourdemocracies,” he said in his closing remarks. 

“These tactics are deeply concerning.”

On an earlier panel with Arturo Prado Puga, minister of the Supreme Court of Chile, and Leo Gordon, a senior judge with the United States Court of International Trade, Wagner said there are countries very close to us “where democracy is going in the wrong direction on a daily basis.”

In what he described as “troubling times,” the media is being attacked to avoid debate and investigations, while judges and lawyers are being attacked over their decisions and for simply doing their jobs.

No democracy immune 

As part of its 150th anniversary celebrations, the Supreme Court has made visits to five Canadian communities this year so the public can engage with its members. On every stop, Wagner said people have asked him the same question: Is there a risk of what’s happening in the United States happening here in Canada?

“There is no democracy that is safe from this. We are not immune,” he said. 

“But I tell people we have a strong democracy, good institutions, good universities, and our bars are very well trained.”

However, he stressed that we collectively have to defend our institutions and tribunals, and remain vigilant in the face of misinformation and disinformation.

The Supreme Court has described the rule of law as a “fundamental tenet” of Canada’s constitutional structure. Wagner said it’s the principle that the law applies to everyone, without exception. No one is above the law: not judges, not politicians, not anyone. Nor is anyone beneath the law.

The rule of law is not just for the benefit of judges and legal professionals — it matters to everyone who wants social and economic stability, and their rights and freedoms to be respected.

“If the law does not protect everyone, then it protects no one. Everyperson subject to the power of the state must be shielded by the law,” Wagner said. 

“If even one person can be subject to arbitrary state power withoutjudicial oversight, then the rights of all are at risk.”

Judges and legal professionals have a duty to help the public understand that these principles are not abstract, but shape their daily lives, he said. Education must also be a part of this collective effort, so that people understand why this matters and what’s at stake.

‘A worrying decline’

Essential to upholding the rule of law is ensuring judicial independence, free from economic or political influence.

“A dependent judiciary, beholden to the other branches of government, cannot perform its vital function in holding public power to account,” Wagner said.

That independence must also extend to pressures from public opinion. 

While the law must evolve to reflect social changes, the courts must never yield to the whims of the moment. Judicial independence is a guarantee offered to the public that ensures judicial decisions are based solely on the facts and the law, he said.

However, around the world, judicial independence is also in the throes of “a worrying decline.”

The World Justice Project found that 61 per cent of countries have seen a reduction in the limits imposed by the judiciary on the executive branch, while 62 per cent of criminal justice systems and 67 per cent of civil justice systems are increasingly vulnerable to government interference. 

While discussing and criticizing court decisions is part of democracy, Wagner said there is a way to do it that doesn’t involve personally attacking judges or judicial institutions.

“Attacks on the independence and legitimacy of the judiciary are not just institutional concerns. They are warning signs, the first steps toward dismantling the constitutional safeguards that protect our democracy.”

Everyone has a responsibility to be vigilant in the face of this and denounce attacks on our legal and democratic institutions, including the media and bar associations. But as officers of the court, he said lawyers in Canada have a particular responsibility to support and protect the courts and denounce unjustified attacks on them.

“I was a bit troubled to realize that in some countries, even lawyers did not stand up to defend democracy and to defend independence. They quickly tried to negotiate for peace with the executive of certain countries,” he said, in what was likely a reference to how some large American law firms responded to pressure from the Trump administration earlier this year.

“For me, it’s against the nature of being a lawyer.”

There are reasons for hope, however. 

Although it’s easy, when the world is rife with political uncertainty and international tension, to forget how much Canada has in common with other jurisdictions, where people are also working to defend the rule of law and judicial independence. He said the conference marked a coming together of shared values. 

And while Canada may not be an economic or a political superpower, Wagner said it is a democratic superpower whose constitutional system and judiciary have inspired emerging and established democracies all around the world. That international collaboration will continue to strengthen those foundations.

Standing up for independence and denouncing attacks on institutions takes courage, but not doing so puts “our liberty and democracy at stake.” 

“None of us is alone in this effort,” he said 

“If we stand together firmly, faithfully and fearlessly, the rule of law will prevail.”