While Canada is not a superpower in the traditional sense of the word, it’s “certainly a democratic superpower,” Chief Justice Richard Wagner said Monday at a ceremony to open the Supreme Court’s judicial year.
Wagner told dignitaries gathered in the courtroom that the country’s legal community is united in a deep conviction that the rule of law and judicial independence are not abstract concepts.
“They are the best defence against tyranny and autocracy,” Wagner said.
“But for most Canadians, judicial independence is theoretical. Bringing it to life requires efficient and effective access to justice delivered fairly and impartially by well-trained judges.”
The ceremony, part of the court’s 150th anniversary celebrations, was the first such event to be held at the start of a judicial year since September 1986.
Justice Minister Sean Fraser, lawyers, academics and students joined former members of the court and its staff for the occasion.
As the Supreme Court looked back to its beginnings in 1875, Wagner called on participants to affirm the principles of the rule of law, an independent judiciary and equal access to justice.
“For 150 years, these principles have shaped our jurisprudence, strengthened our institutions and earned the confidence of Canadians. They are the foundation of our democracy and the highest measure of our integrity,” he said.
“May these principles always guide the court in its service to justice and to our great nation, and may each of us always uphold them firmly, faithfully and fearlessly.”
Supreme Court justices debuted on Monday new ceremonial black robes accented with red, which take the place of the more familiar scarlet robes with white fur trim — a tradition that had been imported from England.
Wagner said the new robes “have a modern and simple design that echoes our commitment to openness and accessibility in a way that is distinctly Canadian.”
Wagner also announced the establishment of a Supreme Court historical society to help honour and maintain its legacy through research, education and public engagement.
Fraser told attendees that democracy’s survival is never certain and preserving it means working harder to defend Canada, its institutions — including the Supreme Court — and the law in general.
“We see trading relationships fraying that we have taken for granted too often,” he said. “We see members of the United Nations Security Council in open defiance of some of the norms that we have accepted as paramount: territorial integrity, sovereignty of nations, self-determination of peoples.”
Fraser said the antidote to democratic decline can be found in laws “guided by the values that we hold most dear.”
“If we expect someone else to do this work for us, we would be making an enormous mistake,” he said.
He urged elected officials, judges and all Canadians to “stand up and take ownership of our democracy.”
“I fear that we will succumb one day to the erosion of our rights, bit by bit, until they are gone, until we reach a moment where there is no one left to defend our rights,” Fraser said.
“By doing the hard work of ensuring the Supreme Court is here 150 years from now we will, at the same time, be ensuring Canada remains the True North, strong and free 150 years later.”
