SPEAKING NOTES
FOR
THE HONOURABLE ANNE MCLELLAN
MINISTER OF JUSTICE
AND
ATTORNEY GENERAL OF CANADA
AT
THE SWEARING-IN CEREMONY OF
THE HONOURABLE LOUISE ARBOUR

October 4, 1999
Ottawa

As delivered

Thank you.

Chief Justice Lamer, Madame Justice Arbour, distinguished members of the Court, Mr. Flaherty, Attorney General of Ontario, family and friends of Madame Justice Arbour:

It is an honour and a pleasure to be here today on this important and happy occasion to mark the appointment of Madame Justice Arbour to the Supreme Court of Canada.

It is interesting to note that it was right here in this building that Justice Arbour began her legal career some 28 years ago. She came to clerk for Mr. Justice Louis-Philippe Pigeon while completing her graduate studies in civil law at the University of Ottawa. And we are here today to welcome her back.

Today’s ceremony, again, reminds us of the importance of our courts to our democracy. As the guardians of the constitutional rights of Canadians to peace, order and good government, the judiciary is an integral component of our democracy.

And, integral to the fearless performance of the role of " guardian ", is the principle of judicial independence. The independence of the judiciary not only helps preserve and enhance our own democratic institutions, but also serves as a model, from which others can take hope and from which they can learn.

Perhaps few have had greater opportunity than Mme J. Arbour to witness the sometimes tragic, and horrifying, consequences of the failure to respect the rule of law and to nuture the institutions that give concrete expression to it, including an independent judiciary.

Let us again today reaffirm our shared belief in the principles of fairness, transparency and impartiality that are the hallmarks of our judiciary.

Writing in 1980, Lord Denning stated "A judge should be sans peur et sans reproche". Louise Arbour is both.

As Chief Prosecutor of War Crimes in the Hague, her courageous determination to see first-hand the grim aftermath of the Balkan conflict and to demand full disclosure of the evidence, thereof, is testament to her fearlessness.

Yet, throughout this daunting task, Madame Justice Arbour conducted herself with strength, dignity and compassion ¾ une juge sans reproche.

Athough it is primarily through her work in the international community that many Canadians have come to know her, Justice Arbour had an outstanding career here at home, before being appointed Chief Procecutor in 1996.

At the time, Madame J. Arbour was only the second woman in Osgoode Hall Law School’s history to be granted tenure. She specialized in criminal law and procedure and the laws of evidence which she taught for 13 years. She was named Associate Dean of the faculty in 1987.

Her successful academic career was cut short with her appointment to the Bench ¾ first, to the Supreme Court of Ontario in 1987; then, to the Court of Appeal of Ontario in 1990.

It was during her time on the Ontario Court of Appeal that she undertook a review of the troubled situation in the Kingston Prison for Women.

It was from this Report that many of the changes now being made to the women`s prison system emanated.

Further, Madame J. Arbour completed her review on time and on budget.

Madame Justice Arbour, on behalf of the Government of Canada, I offer to you our very best wishes on your appointment to this court. Your fair-minded intelligence, your capacity for hard work and your spirit of collegiality are well known and often commented upon by those who have had the pleasure of working with you over the years. I know that these attributes will not only serve the Court well, but all Canadians, in the years to come.

I wish you a long and distinguished career on the Suprme Court of Canada.

Thank you/Merci.