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Published: June 4, 2024
The Chief Justice issued a warning on Monday about the risks faced by elected officials when responding to court decisions without first reading the rulings themselves.
Richard Wagner made that call during his annual press conference regarding the work of the Supreme Court and other issues related to the administration of justice.
Wagner expressed concern about the spread of false information regarding court rulings and criticism from politicians about rulings that are partly based on the judge who issued them.
He stated on Monday that expressing disagreement with a decision is one thing, but criticizing it based on the identity of the judge or how they were appointed is entirely different. Such comments undermine public trust in the justice system."
He added, "We should be particularly concerned when elected representatives say these things."
Wagner referred to a ruling issued in March in a sexual assault case that once used the phrase "a person with a vagina."
Some columnists criticized this phrasing. The attention it received led legislators in Quebec to unanimously approve a motion condemning the ruling, claiming it attempts to render women invisible and emphasizes the importance of using the word "woman."
However, the ruling itself used the word "woman" multiple times, and after the vote, the Quebec Liberal Party expressed regret about supporting the motion. Quebec Solidaire also stated that it wished it had handled the situation differently.
Wagner, speaking in French, said that those who wrote about the decision managed to convince elected officials to condemn it. But had they actually read the decision, they would have seen that the Supreme Court "never wished to undermine the idea of femininity."
The Chief Justice stated, "Misinformation has been circulated."
"This is a clear example of how misinformation spreads, and it can be dangerous. We are talking about people in positions of power, and those who do not read our decisions can easily lead to the belief that there is a kernel of misinformation, and be sincere in what they said."
At the federal level, Melissa Lantsman, one of the Deputy Leaders of the Conservatives, also commented on the ruling regarding sexual assault after it was issued.
She shared an opinion piece regarding the decision on social media, stating, "There is nothing confusing about the word 'woman'; it is common sense," citing the phrase "common sense" used by conservatives.
She posted on X: "This is not hatred or bigotry or error or injustice in any way. This is just complete nonsense that doesn't push anything forward. It's not progress."
In response to a question about whether Lantsman read the ruling herself and her thoughts on Wagner's concerns about the spread of misinformation, a spokesperson for Conservative Leader Pierre Poilievre said, "The Deputy Leader was commenting on a news article from one of the major national media outlets."
Spokesperson Sebastian Skamski stated in a statement: "Her comments speak for themselves."
During his press conference, Wagner also noted that he has seen improvements concerning filling vacant judicial positions in Canada.
He and others have long pointed to the appointment process as a serious concern, noting that delays in appointing judges have led some criminal charges to be stayed due to the inability to hear cases in a timely manner.
Wagner said there are about 57 vacancies, a decrease from around 90 vacancies this time last year, "I have seen some improvement, and I am now confident that the situation can be corrected."
Justice Minister Arif Virani pledged after last summer's cabinet shuffle that appointing judges is a top priority for him.
The intelligence artificial and its potential impacts also remains a major area of concern for Wagner, who said he is working on developing guidelines for the courts.
While technology carries risks, Wagner pointed out that there may be opportunities to use it to assist in translation, for example, as he said in French.
The Chief Justice declined to comment on how some provincial leaders are using the notwithstanding clause, a provision in the Charter of Rights and Freedoms that allows any level of government to pass laws that override parts of the Charter for up to five years.
He stated that cases involving the use of the notwithstanding clause may be decided by the Supreme Court.
One example of this is the secularism law in Quebec, also known as Bill 21. The Court has not yet indicated whether it will hear the case.
Wagner also steered clear of remarks made south of the border by former President Donald Trump, who has spent the past few days since his felony conviction denouncing the judiciary.
He said, "I decided to stop (trying) to understand what is happening. It is very difficult to comprehend."
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