A full circle moment for Daniel Byma

Daniel Byma has found his way back to the Supreme Court of Canada. 

He was named Chief Justice Richard Wagner’s new executive legal officer this week, marking a full circle moment since clerking for him more than a decade ago.

Byma replaces Stéphanie Bachand, who has been in the role since October 2022, and has signed on for the usual two-year term.

A graduate of the University of Manitoba’s law school who clerked at the top court from 2012-2013, Byma recently worked as a partner with Fasken Martineau DuMoulin LLP in Vancouver. He practiced in their litigation and dispute resolution group, focusing on commercial and public law disputes. He also worked as an adjunct professor at the University of British Columbia’s Allard School of Law, teaching civil procedure.

“Mr. Byma is an exceptional jurist, with significant experience in private practice,” Wagner said in a statement announcing Byma’s appointment.

“I am delighted he has agreed to come back to the Court to serve in this key role.”

The ELO functions as a legal advisor to the Chief Justice on matters related to the administration of the court and in his role as head of the federal judiciary. The officer also assists the Chief Justice in his roles on the board of governors of the National Judicial Institute, the Advisory Council for the Order of Canada, and as president of the Canadian Judicial Council.

“The executive legal officer is in many ways the Chief Justice’s chief of staff, similar in many respects to the chief of staff role for a minister and, not to be self-aggrandizing, a bit more like the chief of staff to the prime minister because you are the chief of staff to the person who is the head of this branch of government,” says Gib van Ert, who served as ELO for Chief Justices Beverley McLaughlin and Wagner.

Part of the role is also being the Chief Justice’s in-house lawyer. That doesn't involve weighing in on any of the matters before the Court, as preparing reasons is the job of the law clerks, but rather for other legal issues that arose concerning the Supreme Court’s relationship with the federal government, as well as advising on matters with the CJC.

“I came to see it as exercising my judgment about what things I could take off the Chief Justice’s desk, because they are one of the busiest people in the country,” van Ert says.

For matters that required the Chief Justice’s attention, he would have his legal advice in hand to lighten their load.

The ELO is responsible for media relations at the Court, but the person's visibility in the role has changed over time. While it was common for van Ert to be with the media and to conduct briefings, Bachand was less visible and did not conduct any of the briefings herself.

“The way most people in this country learn about the Court is through media coverage, so making sure the media has what it needs to cover the Court and keeps a healthy interest in the Court was part of my role, and of my predecessors as well,” he says.

The Supreme Court of Canada has a lot of goodwill with the Canadian public and among the bar. As the Chief Justice’s right-hand person, the ELO shares the burden “to nurture that and foster it, and see that it grows and develops.”

van Ert believes Byma is up to the task. They’ve both practiced in Vancouver, where he says Byma has “a great reputation. I think he’s going to do well.”

Byma declined to be interviewed for this story.

According to his LinkedIn, he spends his time outside the office travelling with his wife and two children, coaching his children’s sports teams, and playing disc golf. At one point, Byma was also involved with ultimate frisbee and represented Canada at the world championships as a player and coach.