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Judges of the Court
Remarks of the Right Honourable Beverley McLachlin, P.C.
Swearing-in Ceremony of
The Honourable Rosalie Silberman Abella and
The Honourable Louise Charron
October 4, 2004
Distinguished guests, dear friends, it is my great pleasure to welcome
you to the Supreme Court of Canada this morning. On this very special day,
we are joined by
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The Honourable Irwin Cotler, Minister of Justice and Attorney
General of Canada
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The Honourable Michael Bryant, Minister of Justice and Attorney
General of Ontario
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Ms. Susan McGrath, President of the Canadian Bar Association
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and Mr. Frank Marrocco, Treasurer of the Law Society of Upper
Canada,
who have come to bring greetings to the two new members of the Supreme Court
of Canada, the Honourable Rosalie Silberman Abella, and the Honourable Louise
Charron.
I would like to extend a very special welcome to the former justices of
the Supreme Court of Canada who are with us this morning:
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The Right Honourable Antonio Lamer, former Chief Justice of Canada,
and the Honourable Danièle Tremblay-Lamer
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The Honourable Bertha Wilson and Reverend Wilson
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The Honourable Claire L’Heureux-Dubé
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The Honourable Charles Doherty Gonthier and Doctor Mariette Morin-Gonthier
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And the Honourable Frank Iacobucci and Mrs. Nancy Iacobucci
We are also most honoured to welcome among us, as very special guests, His
Excellency Mr. David Reddaway, British High Commissioner for Canada, as well
as the Secretary of State for Constitutional Affairs and Lord Chancellor of
the United Kingdom, the Right Honourable Lord Falconer of Thoroton. Within
this unusually full Courtroom, we are also greatly pleased to welcome many
Chief Justices and distinguished members of the Canadian Judiciary, members
of Madam Justice Silberman Abella’s family, members of Madam Justice
Louise Charron’s family, their many, many friends. Welcome to everyone.
Dear guests, allow me now to say a few words on this most significant day
in the life of Justices Silberman Abella and Charron. Each of you in the audience
this morning undoubtedly feels the racing heart and butterflies in the stomach
that come with ceremonies like the one today, these moments full of meaning
in the life of an individual or the life of an institution.
To those of use who went through this ceremony some years ago, donning the
ceremonial gown and witnessing the formality of the oath of office brings back
intense memories. For my part, I remember the sense of awe that I felt as I
walked into this Courtroom for the first time, as a member of the Court. On
days like today, I still feel many of the emotions I felt when I was sworn
in : a deep respect for the wisdom of the ages that emanates from this room
; the joy of being honoured with the trust of the Canadian people ; the desire
to meet the expectations of others, and my own, in the performance of a difficult
task ; and the anticipation of many years of participation in a very special
form of collegial intellectual life. I know that Madam Justice Silberman Abella
and Madam Justice Charron feel many of these emotions, as today they take the
oaths of office and become full-fledged Justices of the Supreme Court of Canada.
Many of the feelings we are sharing this morning can be explained by the
importance of the Supreme Court’s role in the life of the law in Canada,
and also in the lives of the citizens of this country. The Supreme Court plays
a crucial role in Canada’s democratic discourse. Canadian citizens are
well aware of the role played by this Court in adjudicating constitutional
matters, in ascertaining the boundaries of the respective jurisdictions of
the federal and provincial legislatures, and in giving concrete shape to fundamental
rights and freedoms guaranteed in our Charter. This Court does not speak of
its own initiative. Its role is the more modest one of responding to the legal
questions Canadians bring before it. What it says when it is asked to speak,
however, can have important impact. Impact on the lives of citizens. Impact
on our public institutions. The Supreme Court of Canada is an infrequent, but
essential actor in our democratic governance. For all these reasons, donning
the red robes and becoming a member of this Court is a momentous and humbling
experience.
This being said, it is sometimes forgotten that this Court is also Canada’s
court of last resort, the institution responsible for resolving the thorniest
issues of Canadian law, and although some of those issues may attract less
media attention, they are no less important. The most important part of the
Court’s work, which often takes place behind the scenes, consists in
identifying the boundaries of our legal system in all areas: from criminal
law to tax law, from family law to commercial law, from the regulation of new
technologies to the interpretation of old treaties between Canada’s First
Nations and colonial powers.
These fundamental roles of the Supreme Court of Canada, the well-known and
the more obscure, call for the appointment of individuals who have demonstrated
high competence in the law, unswerving commitment to the ideals of judicial
independence, profound humility in the performance of their judicial duty,
and the ability to listen, to empathize and, in the end, to decide.
This morning, we are most fortunate to welcome among us not just one, but
two learned judges who bring such qualities to this Court. As Canadians, we
are grateful that they have agreed to put their skills and humanity in the
service of this Court and in the service of democratic governance in Canada.
Our guests this morning will no doubt speak of the exceptional skills and
personal qualities of Rosalie Silberman Abella and Louise Charron. I leave
to their eloquence a detailed catalogue of the strengths these exceptional
individuals bring to our Court.
Suffice it to say, on behalf of my colleagues, how delighted we are to welcome
Rosie and Louise as new friends and as new colleagues.
We have discovered, in Justice Rosalie Silberman Abella, a uniquely warm
and outgoing human being. Since her arrival, she has generously distributed
greetings, kisses and bear hugs, and only slowed down last week, when she injured
her knee while putting up her favourite picture of Fred Astaire. While we have
urged Rosie to be more careful, we are not so naive as to suppose that cautionary
words and a ban on ladder-climbing will keep her down very long. We look forward
to the great contribution she will make to the Court and to Canadian Justice
in the new role she now takes up.
In Justice Louise Charron, we have discovered an unaffected and unpretentious
woman with a tactful sense of humour and, above all, an absolutely extraordinary
sense of organization. Justice Charron unpacked her boxes, set up her office
and bought a house in Ottawa within just a few days. It is said that some judges
have retired from this Court before they managed to unpack all of their belongings.
Others manage it in a couple of months. The few days that Justice Charron took
must be an all-time record. Now she is preparing to focus her energy on the
Supreme Court, and we are already scrambling to keep up. Next week, for instance,
she will be seen on the Bench with her portable computer, if we can only find
a way to power it up. Justice Charron, by contrast, needs no powering up; she
provides a source of energy that will power and empower the Court for years
to come.
Allow me to add one thing about our two new judges, something that you may
have already noticed: they are women. A few years ago, on the occasion of the
Court’s 125th anniversary, Canada Post issued a stamp representing the
members of the Court as five men and four women. The artist clearly was a visionary,
and the vision is now reality. No other comparable Court, anywhere in the world,
to my knowledge, has come so far in giving women a voice in its deliberations.
I am proud that, with the appointment of Rosalie Silberman Abella and Louise
Charron, the composition of the Supreme Court now approaches an accurate reflection
of the place of women within the judiciary, within the legal profession, and
within Canadian society more generally. For this reason too, this is truly
a memorable day.
The face of the Court changes today. But the Court, the institution my colleagues
and I joined with such strong emotions, carries on as in the past, larger than
any of its members. Each of us contributes through his or her own experience
to ensure a human scale for the Supreme Court. But, as this morning’s
ceremony shows, the justices of the Supreme Court are merely trustees of the
seats we occupy, and we have a responsibility linked to the durability of this
institution. I am delighted to welcome Rosalie Silberman Abella and Louise
Charron as the new trustees of this treasured institution, the Supreme Court
of Canada.
Remarks of the Right Honourable Beverley McLachlin, P.C.
Chief Justice of Canada
Swearing-in Ceremony of
The Honourable Rosalie Silberman Abella and
The Honourable Louise Charron
Ottawa, Ontario
October 4, 2004
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