The Conference of Superior Court Judges of Quebec brings together all the judges of the Superior Court of Quebec and of the Court of Appeal of Quebec and is dedicated, among other things, to promoting the point of view of judges with regard to the independence judiciary and the administration of justice.
It rarely happens that we intervene publicly, but we are questioned when a judge is attacked in the news media, sometimes outrageously, when he cannot respond, being condemned to silence by his duty of reserve.
However, on the occasion of the return to justice, we note that the summer which is drawing to a close has enabled certain people, perhaps out of partisanship or perhaps out of ignorance of the rules of operation of the judicial system, to take on judges from various jurisdictions who have had the misfortune not to deliver the judgment they wanted.
We consider it useful to rectify certain information conveyed in these writings, propagated not only in social media, but also in traditional media, because their authors not only demonstrate a certain ignorance of our judicial system, but also an unjustified contempt for the judicial process. and ultimately, for our democracy.
The judge and the courts are not and should not claim to be immune from criticism. From these often flow improvements and, in the meantime, wise circumspection.
On the other hand, where our intervention is necessary is when the comment turns into a personal attack, drawing its justifications from the past political orientations of the judges, their character traits and their personality, to go from criticism to pure and simple denigration, as we have seen in recent weeks.
However, the justice system is such that the forum for debating the correctness of a judgment is the appeal. This is where the trial of the trial takes place, if the judge made a mistake, would have failed to apply the law or would have decided according to his personal views. At the end of the appeal, the contested judgment will either be upheld, quashed or corrected. This is a fundamental protection for democracy that ill-intentioned commentators ignore.
In the meantime, publicly attacking the person of the judge changes nothing and only serves to fuel resentment against a person who is doing his job conscientiously in the case as presented by the parties and according to the state of the right and who, once the judgment has been rendered, does not have the right to reply to correct the situation.
A duty of the utmost importance
As for federally appointed judges, all superior court judges across Canada are federally appointed. This reality provided for in our Constitution escapes no one. Also, it is up to the judges of the superior courts, still according to our Constitution, to verify whether or not a law is valid with regard to the Charters of Rights and Freedoms. This duty is of the greatest importance, and all judges dwell on it with care and rigor, in view of the seriousness of the question which litigants raise when they wish to invalidate certain laws adopted by the legislature but which would be in conflict with the fundamental rights and freedoms of citizens.
To respond more specifically to certain ill-founded criticisms, it matters little whether the laws are federal or provincial: the obligations of the legislatures are the same. A significant number of federal laws have failed the applicable test and have thus been invalidated in whole or in part, just as an equally large number of provincial laws have been found to be constitutional, in all cases by judges of “federal” appointment.
Of course, all judges have a background, which is transparent and easily accessible to everyone. On the other hand, all judges take an oath to act impartially. They thus carry out their duties independently and do not make decisions according to their ideologies or preferences.
It is good to keep in mind that judges are not accountable to governments or elected officials, which ensures their independence and impartiality. They can neither fear nor hope for any promotion or sanction whatsoever, financial or otherwise, based on the judgments they pronounce. They cannot be dismissed according to the decisions they render. In addition, judges are appointed according to their good conduct and judge according to the applicable law in their soul and conscience. The law is binding on judges and not the other way around.
In conclusion, I reiterate, for I cannot say it better, the message of my predecessor, the Right Honorable Richard Wagner, now Chief Justice of Canada, in an open letter dated November 9, 2011:
“The judiciary is accountable only to litigants. Even if it must not escape legitimate criticism, it requires the support and commitment of all actors in civil society. Otherwise, it risks losing, little by little, and insidiously, its independence and its ability to dispense justice. »