Some reflections.

by The Honourable Chief Justice Donald Brenner

After seventeen years as a judge of the Supreme Court of B.C. including the last nine as chief justice I decided in June that I would step down on September 7th. It was not an easy decision. I have enjoyed my tenure since 1992 as a trial judge and I have particularly enjoyed the last nine years as chief justice. This is so in no small measure due to the unstinting support and help that I received from the lawyers of British Columbia.

It is probably true that there is really no good time to go; yet I believe, for me, as well as the court, this is the right time.

Our court today is as strong a trial court as exists anywhere. This is due to the strengths of my judicial colleagues and the commitment and dedication of our judicial administration and court services staff who support us.

When I was asked nine years ago to accept my position, I agreed but expressed the view that somewhere in the five to eight year range was probably about right for this position: long enough to get some things done, yet not too long to start getting stale. My view has not changed.

I believed then as I do today that institutions such as this court benefit from a periodic turnover in leadership.

I delayed my planned departure until the new civil and family rules of court became law. In May this year, the final recommendations of the Rules Revision Committee were accepted by former Attorney General Oppal and passed into law as the new government’s first order of business after the election. I am pleased that the new rules incorporate the important principles recommended by those who worked so hard to bring about these badly needed reforms.

In today’s world one of the few constants is unremitting and indeed accelerating change. Managing that change to improve the court system and access to our court must always be a significant part of a chief justice’s role. Leading our court further into the digital age will also be an important task facing my successor.

A chief justice must remain ever vigilant to guard against any erosion of the independence of either the courts or the Bar. Without an independent Bench and Bar, the rule of law is but a hollow phrase.

I have been grateful for the support that I, as well as all of my judicial colleagues in B.C., have always received from the Bar in our province. The CBABC in particular has not failed to speak out when judges have come under inappropriate attack. I know that the judiciary will be able to continue to count on the CBABC in the years ahead; equally, I expect that the judiciary will do its utmost to uphold the independence of the Bar.

I am very proud of all that we were able to accomplish together over the last nine years. This was only due to the unstinting support I received from my judicial colleagues and the Bar of our province. No chief justice could ask for more.

In closing let me again, on behalf of myself and all of my judicial colleagues, thank all of the members of the CBABC for all that you have done for us over the past nine years.

This article was published in the October 2009 issue of BarTalk. © 2009 The Canadian Bar Association. All rights reserved.