The Chief Justice made a point of reaffirming loud and clear on Monday the independence of the Supreme Court of Canada, stressing that it operates free from the influence of the government in power and the policies of the day. To attribute “partisan motives” to the Court is a game for podium managers in the United States — but not here, he suggested.
“Partisan politics never come into play,” insisted Chief Justice Richard Wagner, during a speech given at the annual general meeting of the Canadian Bar Association (CBA).
“The Supreme Court must be, and is, completely independent of the political branches of government.”
The magistrate did not explain why he wanted to make this clarification, but it comes as the Supreme Court building in Ottawa, near Parliament, has been surrounded for days by noisy demonstrators, who oppose in particular compulsory vaccination and various health rules. Some opponents of the imposed measures claim that judges are in cahoots with governments.
“Speculation about partisan motives is a sport for podium managers that is best played in the United States,” said the chief justice, who most often speaks through the pen of his judgments, gravely. , given its duty of reserve.
Among our neighbors to the south, the link between the choice of judges appointed to the Supreme Court and the political views of the president in power is not a secret.
But in Canada, it would be a mistake to believe that disagreements between court judges are evidence of partisan divisions, he continued.
Members of the nation’s highest court have diverse legal opinions, as well as different life experiences “and that’s a very good thing.” Those who see it as political differences do not understand how the Court works, Judge Wagner said.
Anyway, according to him, comparisons between the Supreme Court of Canada and the others are “futile”: “we have the only bilingual and bi-juridical court in the world”.
Asked about the best way to maintain the bond of trust between the courts and the population, the Chief Justice said he was optimistic.
“To maintain democracy”, people have understood that it is essential to use the courts to enforce the rule of law.
“Even more today than ever. And we see it in our immediate environment.