Trudeau's pick for Supreme Court chief hailed in Quebec - Action News
Home WebMail Tuesday, November 26, 2024, 10:16 AM | Calgary | -16.2°C | Regions Advertise Login | Our platform is in maintenance mode. Some URLs may not be available. |
Montreal

Trudeau's pick for Supreme Court chief hailed in Quebec

The appointment of Richard Wagner, a Quebecer, as the chief justice of the Supreme Court of Canada was met with a sigh of relief by jurists and political leaders across the province.

Richard Wagner known for being conservative on criminal issues, liberal with Charter of Rights

Richard Wagner was first named to the Supreme Court in 2012. Prime Minister Justin Trudeau announced Tuesday he will be the court's next chief justice. (Fred Chartrand/Canadian Press)

The appointment of Richard Wagner, a Quebecer,as the new chief justice of the Supreme Court of Canada was met with a sigh of relief by jurists and political leaders acrossthe province.

In the weeks leading up to Tuesday's announcement, Quebec's justice minister and the head of the provincial bar association both applied public pressure on the federal government to replace the outgoingchief justiceBeverleyMcLachlin with oneof the three Supreme Court justices from Quebec.

There were concerns thatPrime Minister Justin Trudeau would opt instead forRosalie Abella, an Ontarian and the most senior judge on the bench of Canada's highest court.

But doing so would have violated an unwritten rulewhich sees the chief justice position alternatebetween jurists schooled in Quebec's civil law traditionand those hailing from thecommon law tradition used in the rest of Canada.

McLachlin, who is from British Columbia, was preceded byMontrealer Antonio Lamer. He served as chief justice between 1990 and 2000.

Wagner replaces Beverley McLachlin, who served as chief justice since 2000. (Sean Kilpatrick/Canadian Press)

"The fact that we have a judge with expertise in civil law at the head of the Supreme Court is important for us," Premier Philippe Couillard said Tuesday.

"It's been many years since there's been a judge with expertise in civil law at the head of the Supreme Court of Canada, and civil law is one of the ways Quebec distinguishes itself within Canada."

Paul-Matthieu Grondin, who heads the Quebec Bar Association, also welcomedWagner's appointment as a reaffirmation of the importance of Quebec's Civil Code tothe country's highest court.

"It has high symbolic value for Quebec," Grondin said. "If someone else had been nominated, it probably would have been a while before seeing another Quebecerat the head of the Supreme Court."

'Heknows the machine'

Wagner was only named to the Supreme Court in 2012, but he still has more experience than the other Quebec justices, Clment GasconandSuzanne Ct.

He also spent a brief spell on the Quebec Court of Appeal after having served on the Quebec Superior Court between 2004 and 2011. Before that he practised commercial law in Montreal for 25 years.

"To be the chief justiceyou have to know the machine. And he knows the machine,"said PierreDalphond, a former justice on the Quebec Court of Appeal.

While a Superior Court justice hepresided over a number of high-profile cases in Quebec before Stephen Harper tapped him for the Supreme Court.

He is perhaps best known for handing a heavy prison sentence 13 years to the white-collar fraudsterVincentLacroix, who masterminded a scam that cheated 9,200 investors out of $115 million.

That case contributed to his reputation as slightly more conservative on criminal justice matters thanhis fellow Supreme Court justices.

While a Quebec Superior Court justice, Wagner presided over a number of high-profile cases. (Blair Gable/Pool/Canadian Press)

But long-time colleagues of Wagner stressed he doesn't fit easily within any left-right divide.

"On questions of applying the charterhe has a very open, very liberal vision," said Raymond Doray, who practised law with Wagner for several years at the Montreal firm Lavery.

When Wagner was first named to the Supreme Court, he appeared before aHouse of Commons committee, where he made a passionate defence for the independence of the justice system from political meddling.

"When the state abuses its power, he is generally willing to see the state's behaviour sanctioned," saidDoray.

Ambassador of the justice system

Wagner also has a reputation within Quebec legal circles as a good communicator, which is seen as an essential quality for the chief justice. Along with presiding over the court's busy schedule of hearings, the chief justice is expected to serve asan ambassador for the Canadian justice system as a whole.

Former colleagues describe Wagner as a hard-worker arriving at the office as early as 5 a.m. but also collegial, a consensus-builder and a 'bon-vivant.' (Sean Kilpatrick/Canadian Press)

Former colleagues describe Wagner as a hard-worker arriving at the office as early as 5 a.m. but also collegial, a consensus-builder and a "bon vivant."

"I think he'll be good at taking on the role of representing the court," said Dalphond. "He's always been a good speaker."

Those diplomatic skills will be an assetfor the chief justice in Quebec, where the Supreme Court can sometimes be seen as a "foreign institution," saidDoray.

"There are people who have always thought of the Supreme Court as espousingthe centralizing vision of Canada," he added.

"Justice Wagner is not part of that movement. He's a defender of co-operative federalismand respecting provincial jurisdiction. That's reassuring for Quebec."

With files from Radio-Canada