150th Anniversary Symposium - Words of Welcome

Remarks by the Right Honourable Richard Wagner, P.C.
Chief Justice of Canada

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Their Excellencies the Right Honourable Mary Simon, Governor General of Canada, and Mr. Whit Fraser;

On behalf of my colleagues, I am pleased to welcome you to this magnificent heritage building on this very special occasion — the opening of the legal symposium to mark the 150th anniversary of the Supreme Court of Canada. This is not just simply an art deco building: it is a silent witness to the substantive debates that have shaped our country for generations.

I would like to extend a warm welcome to our esteemed international guests:

Welcome also to all of you, legal scholars from academia and legal practitioners, students and journalists from all over the country.

This evening marks the start of a conversation — in which we will look at the evolution of the role of apex courts, the resilience of justice systems around the world, and our shared commitment to upholding the rule of law. A dialogue informed by the past, but looking to the future.

Just over two years ago, my colleagues and I began thinking about how we would highlight the 150th anniversary of the Court’s creation. We wanted the commemorative activities to reflect not only our achievements but also the evolution of our institution. This is not really a celebration but much more a moment of reflection on the impact of supreme and constitutional courts on our respective societies.

The story of how the Supreme Court came to be is a fascinating one. Unlike many other apex courts, we were not created with the constitution of the country. That left Prime Minister John A. Macdonald with the task of convincing Parliament that the country required a final court of appeal. The debate was contentious! Provinces were uncertain about how this new court would settle issues that were important to them.

It was Prime Minister Alexander Mackenzie who finally convinced his colleagues that it was time for Canada to have a final court of appeal. This is what the then-Prime Minister said at the second session of Parliament on February 5, 1875, and I quote:

“We are gratified by the announcement that our attention will be invited to a measure for the creation of a Supreme Court; the necessity for such a measure having yearly become more and more apparent since the organization of the Dominion; it being essential to our system of jurisprudence and to the settlement of constitutional questions.” End quote.

On November 18 of that same year, at a reception honouring the first justices of the Court, Governor General Lord Dufferin expressed his vision for the institution — a court whose authority would rest on the wisdom of its decisions.

Over the past century and a half, our Court has been entrusted with interpreting our Constitution, safeguarding fundamental rights, and ensuring that the rule of law remains not only a legal principle, but a moral compass — a cornerstone of our democracy.

This anniversary is an opportunity to recognize the responsibility the Court bears — a responsibility shared by courts around the world as our esteemed international guests can confirm — to act as guardians of justice, impartiality, and public trust. And how it has shaped Canada’s legal landscape. Each judgment handed down resonates beyond these courtroom walls, supporting the strength of our democracy.

The discussion we will have over the next two days could not be more timely.

All over the world, we see on a daily basis the growing pressure exerted on courts, the encroachments on judicial independence and the rule of law, and the attacks — which are no longer even veiled — on the watchdogs of democracy that are the traditional media, lawyers and judges.

As my Canadian Judicial Colleagues and I discussed this week, the context in which we are operating continues to change – our socio-political environment is evolving and we are seeing a global rise in misinformation that is having a negative impact on democracy and the rule of law, distorting public opinion and eroding trust in institutions.

The media landscape is also undergoing significant changes, with declining trust in traditional media and social media increasingly relied upon for news, despite the rapid spread of misinformation that occurs in that space.

It must be acknowledged that no democracy is immune from these dangers, including Canada. We must remain vigilant in upholding the values that have guided the Court’s actions for a century and a half now. This vigilance is patient, demanding, but indispensable.

History also teaches us that strong institutions, guided by decision making processes that are principled, independent and transparent, are capable of resisting such attacks.

These dangers, once confined to faraway regions, are now literally on our doorstep and are growing at an alarming rate.

As I like to say, no apex court in the world has the monopoly of wisdom and knowledge. It is more relevant than ever to learn from other jurisdictions about their best practices and share ours. This helps promote a strong and stable democracy.

Countries around the world have drawn from Canada’s legal traditions when shaping their own judicial systems. Our approach to judicial independence, the protection of minority rights, and the balancing of federal and provincial powers has been studied and consecrated by other apex courts.

Canadian judges, scholars, and legal practitioners are part of this international dialogue. This is no accident! At a time when public trust in institutions is wavering in many parts of the world, Canada stands as a testament to what is possible when a judiciary is independent, principled, and unwavering in its commitment to the rule of law.

We will not take this responsibility lightly. The health of our judicial systems is not a matter of chance, but of constant care and vigilance. As we reflect on these challenges, we also recognize the immense privilege we have in upholding the values that others look to as a beacon of fairness and justice, a lighthouse in uncertain times.

Over the next two days, our discussions during this symposium will remind us that our work is never done — and that upholding the rule of law remains a shared responsibility.

Canada’s legal system is shaped by the common law and civil law traditions — a duality that reflects our country’s diversity and is combined with institutional bilingualism. This Court carries this dual legacy while also respecting Indigenous legal traditions.

As we reflect on 150 years of jurisprudence, we are reminded that the Court’s role extends beyond resolving disputes — it safeguards the principles that bind us as a nation. We serve an important role, as guardian of the constitution, and defender of the rights and freedoms of Canadians. For the next few weeks, the Court will also be the actual guardian of the most important document in our country – the Proclamation of the Constitution Act of 1982. To house it, even briefly, within these walls is a sacred trust. I thank Library and Archives Canada for that.

This Act marked the dawn of a new era. What followed were landmark decisions on such fundamental social issues as language rights, abortion, Indigenous claims, and gay rights — decisions that helped shape the moral and legal compass of the country.

I also wish to thank the president of the Senate, the Honourable Raymonde Gagné, for lending the Court the original versions in French and English of the Supreme and Exchequer Courts Act. These versions have never been exhibited before! I invite you to visit this special exhibit in the Grand Hall this evening and tomorrow to view these historic documents.

Over the course of this symposium, we will explore several key questions that lie at the heart of our justice system:

• How do we ensure that the rule of law remains resilient in the face of a shifting social environment?
• How do we protect judicial independence in an era of political polarization?
• As apex courts, we play an important role in upholding our constitutional democracy. But how do we balance our duty to interpret the law with the evolving expectations of the societies we serve?

There are so many questions to cover. We will also reflect on:

• The coexistence of common law and civil law traditions, and the meaningful reflection of Indigenous legal traditions alongside those systems;
• Canadian federalism; and
• Emerging questions such as technological change, globalization, and shifting societal values.

The questions we will explore during this symposium are not abstract. They are central to the work of this Court and courts across Canada. During our discussions, other voices will enrich these exchanges by sharing a plethora of perspectives and experiences. I hope that our discussions can not only improve our understanding of these issues but also inspire us in our shared commitment to justice and the rule of law.

We have the pleasure of being joined by respected members of the media. Journalists play an important role in our society by explaining new laws, court decisions and emerging trends in the justice system. Their work helps raise awareness of what goes on inside and outside our courts. They do a tremendous job and I am grateful they could attend the Symposium. They are the living expression of the “open court principle.”

We are also joined by the two winners of our legal essay writing contest. As part of our 150th anniversary commemorations, law students from across the country were invited to submit an essay about a landmark Supreme Court decision and its impact on Canadian society. Congratulations to Anne Lin Arghirescu from McGill University and Sandrine Couture from Université de Montréal. Bravo to both of you!

I invite everyone to begin this symposium by approaching our exchanges in a spirit of curiosity, humility and determination.

The path forward is not always clear, and the challenges are not insignificant. But what unites us is our profound conviction that the rule of law and judicial independence are not just theoretical principles but represent the best defence against tyranny and autocracy.

Thank you all for being here. I look forward to the conversations ahead.

Ladies and gentlemen, as I noted earlier, we have the distinct pleasure of being joined this evening by Her Excellency, the Right Honourable Mary Simon, Governor General of Canada.

Your Excellency, we would be honoured if you would say a few words.

Remarks by the Right Honourable Richard Wagner, P.C.
Chief Justice of Canada
On the occasion of the 150th Anniversary Symposium
SCC Courtroom
Ottawa, Ontario
April 10, 2025