In these final days of my term as President of the CBA, I want to speak to the critical relationship between judicial independence and public trust in our legal institutions, both essential to upholding the Rule of Law.
Only courts that are trusted, independent and free from political interference, threats or reprisals, can decide cases on the law and the facts, protect rights and freedoms, and check abuses of power. Securing those conditions is how we build the public trust that ensures our justice systems, domestically and internationally, will protect the rights and freedoms of ordinary citizens, even when that means ruling against powerful interests.
Conversations over the past year with peers from other jurisdictions have underscored for me how fragile this independence can be. In many parts of the world, the idea of practising law or serving as a judge in a system where independence is secured is no longer assured. It is a reminder that we must never take for granted what we enjoy here in Canada: a justice system that remains a safe place for independent advocacy and decision-making.
As lawyers, judges and courts face attacks. whether at home or abroad, we must remind elected representatives that inflammatory rhetoric and retaliatory measures against the legal profession and the judiciary weaken public trust in all government institutions.
At the same time, it is important to recognize positive developments, such as when political leaders chose to appeal decisions with which they disagree, rather than disparage the judiciary or reach too easily to invoke the notwithstanding clause. This reflects a respect for our institutions, and an openness to let the courts do their work.
The independence of our legal institutions cannot be defended in the abstract. We must actively cultivate the public understanding on which their legitimacy rests. That responsibility belongs to all levels of government and all justice stakeholders.
It has been my honour to serve as CBA President. Promoting trust in our legal institutions has been my priority over the last year, and it will remain so in the future. I know it will continue to guide the Canadian Bar Association as Bianca Kratt, K.C., assumes its presidency next month. I have every confidence that, in this moment of increasing pressure on judges and lawyers, our Association will remain a vital bulwark for judicial independence, the independence of the legal profession and the Rule of Law.
