NOTES FOR AN ADDRESS
BY
THE HONOURABLE ANNE MCLELLAN
MINISTER OF JUSTICE
AND
ATTORNEY GENERAL OF CANADA
AT CEREMONIES MARKING
THE OPENING OF THE COURTS

MONTREAL, QUEBEC
SEPTEMBER 9, 1999

Mr. Chief Justice of Quebec, distinguished guests, ladies and gentlemen:

I am pleased to be with you this morning at the opening the courts, an event that concludes yearlong celebrations marking the 150^th anniversary of the Barreau de Montréal. Congratulations to the Barreau de Montréal and its bâtonnier, Lynne Kassie.

I want to take this opportunity to join with the Barreau de Montréal in paying tribute to Gabriel Lapointe, the recipient this year of its award of merit, in recognition of his exceptional contribution to the Barreau de Montreal and its activities. For more than forty years, Mr. Lapointe distinguished himself not only in the practice of law, but also through his tireless commitment to the Barreau de Montréal, having served as its bâtonnier in 1986-1987.

It was therefore with shock and sadness that I learned of his passing on the weekend. On behalf of the Government of Canada, my department and myself, I wish to express my sincerest condolences to his family and friends.

Congratulation also to the Bar of Montreal for having chosen this year to bestow its medal recognizing outstanding dedication to the cause of justice to Irwin Cotler, Professor of Law at McGill University.

His accomplishments in the field of constitutional law are outstanding and it’s gratifying to see that the Bar has recognized the important contribution that academics make to the justice system. A vigorous defender of human rights, he does his profession proud as a leader in the cause against racism and discrimination. Congratulations Mr. Cotler for this well-deserved honor.

I would like to point out that, for a number of years now, under the leadership of Mario Dion, Associate Deputy Minister, Civil Law and Corporate Management, the Department of Justice has maintained very close relations with all the participants in Quebec’s legal community, including the Barreau du Québec, the Chambre des notaires and the Canadian Bar Association’s Quebec branch.

I attach great importance to these relations. The uniqueness of Quebec’s legal system must be reflected in all the activities of my Department.

Canadian bijuralism is an integral part of our legal heritage and reflects the richness of our country. Quebec’s system of civil law helps not only to define Quebec, but also to establish a valuable link between Canada and the many countries in the world whose legal system is based on the civil law.

I want to thank in particular the Barreau for its co-operation in and support for our initiative to harmonize federal legislation with Quebec’s civil law. In June of 1998, I tabled in Parliament an initial harmonization bill. The funding provided for this initiative will enable us to harmonize not only existing federal legislation, but also all new legislation as it is tabled.

I hope that we can count on your continued support to successfully implement this ongoing initiative. I invite you to read the article on this subject that will appear in the September 15, 1999 issue of the Journal du Barreau.

The ceremony of the opening of the courts, with it’s ancient and impressive tradition, reminds all of us of the importance of an independent bench and bar to our democratic institutions.

While this is something that we sometimes take for granted in Canada, it is, nevertheless, a key factor in our strength and stability as a nation.

As the guardians of the constitutional rights of Canadians to have peace, order, and good government, the judiciary is an integral component of our democracy.

Our tradition of judicial independence is not only an important element in this country’s democratic framework; it also provides a model from which others can take hope and from which they can learn. We in the Government of Canada — indeed all Canadians — recognise that judicial independence is a cornerstone in the development of vibrant democratic institutions and traditions.

As Minister of Justice, I am deeply grateful to Canadian judges for the strong interest they have taken in helping other countries move towards a strong and independent judiciary.

For many, the courtrooms over which you, as judges, preside ¾ free from government interference, open, transparent and with adequate resources ¾ represent an ideal that is hoped for but not yet realized.

I wish to acknowledge at this time the influence of the Chief Justice of Canada, the Right Honourable Antonio Lamer, who is unwavering in his commitment to the principal of the independence of the judiciary, both at home and abroad.

As you are aware, the Chief Justice has announced that he will be stepping down from his position early next year.

He has served Canada with distinction and devotion during an active period of transition, when society and the justice system were experiencing unprecedented change.

His legacy includes a body of decisions that are remarkable for their analytical integrity, their sensitivity and their balance. What we admire most in Chief Justice Lamer is his commitment to the integrity of the judicial system and his championing of the rule of law, and the rights of individuals and communities.

In closing, I want to express to you the Government of Canada’s gratitude to all of you for your commitment to the justice system. With your help, we can build a system of which we can continue to be proud.

Thank you, and may this occasion mark the beginning of another rewarding year.