Judicial Independence Day Bill

Honourable Senators, I rise today to speak to Bill S-219, An Act to establish Judicial Independence Day. Before addressing the substance of the bill, I would first like to congratulate Senator Moreau for introducing it. His commitment to the fundamental principles of our legal system is admirable.

Honourable senators, I also thank and congratulate Senator White for taking on the sponsorship of this bill, which marks her very first in this chamber. I am looking forward to working with her on this project.

Colleagues, as parliamentarians, we are called upon to defend the invisible pillars of our democracy. This bill, while modest in its legislative footprint, addresses one of the most critical of those pillars: the absolute necessity of a judiciary that stands apart from the executive and legislative branches.

I, therefore, speak today as a friendly critic. Bill S-219 designates January 11 as a day to reflect on the health and integrity of judicial independence in Canada. However, beyond the symbolism of setting this date on the calendar, I believe this legislation gives us the opportunity to ensure that our assessment of judicial independence does more than simply celebrate its existence. It must also encourage us to rigorously defend its practice.

Colleagues, the preamble of this bill reminds us that the rule of law is the bedrock of our society. Just last year, the Supreme Court of Canada marked its one hundred and fiftieth anniversary — it’s quite a milestone that, in my view, reinforces the shared conviction that judicial independence is, in practice, a reliable safeguard against the concentration of power. However, that is not a destination we reach and then forget. It is a discipline.

At the core of this bill is the recognition of January 11. This date marks the anniversary of the “1,000 Robes March” in Warsaw, Poland. It evokes a powerful image: thousands of jurists, draped in the robes of their offices, marching in defence of judicial independence against legislative overreach.

By enshrining this day in Canadian law, we are not merely commemorating an event of significance or, as Senator Moreau said in his speech, engaging in an act of remembrance or solidarity. I’d like to think we’re also adopting its example as a cautionary tale and as a call to duty to remain alert to how easily the independence of a judiciary can be eroded when it becomes entangled in the political or social pressures of the day.

We must be honest about the global landscape. We are living in an era of creeping authoritarianism. If one wants to see the endgame of political interference in the courts, one need only look at the autocracies around the world that have systematically hollowed out the rule of law.

In Beijing, the judiciary is not an independent branch of government; it’s an arm of the Chinese Communist Party, which defines “justice” by party loyalty and which silences dissent with the gavel. In Moscow, we see the courts being used as a weapon for the removal of political opposition. In Havana, the judiciary serves as the iron fist of a decades-old regime that squashes any challenge to the status quo. And I won’t even get into the judicial system that exists in a place like Iran.

These examples serve as a plain-spoken reminder that the principles that define our way of life are delicate, and they require our constant vigilance. In Canada, we are privileged to be shielded from such overt brutality, but we should never assume that our institutions are exempt from their own set of modern pressures.

In recent years, we have seen a shift in how public institutions, including our courts, engage with the world. In the Westminster tradition, judicial independence is often described as a “trinity” of protections: security of tenure, financial security and administrative independence. But beneath these technicalities lies a deeper, more fundamental principle: the right of every Canadian to have their rights adjudicated by someone who does not owe their position or their livelihood to the whims of the government of the day.

In this regard, judicial independence is key to maintaining public confidence in our institutions, and that confidence is a fragile thing. It is sustained when the judiciary is seen to be standing resolutely apart from the political fray.

Not only must our courts be impartial, they must be unequivocally perceived as such. Striking this balance has always been a delicate task, but today it’s important to clearly identify what is at stake.

As Senator White said in her speech, this bill comes at a time of “polycrisis,” characterized by pronounced social polarization and rapid reactions in the digital space.

Honourable colleagues, in Canada as elsewhere, any perception that the courts are being influenced by outside ideologies, or that they place greater importance on their public image than their traditional role as neutral, discreet arbiters, must be given our full attention.

In short, colleagues, I offer my support for Bill S-219 because democracy is an active process. It requires us to frequently recommit to our values and to reflect on the health and strength of our institutions. January 11 would be an added opportunity for us to do just that. Thank you.