Attorney General Speaks At Judicial Swearing-In
Old City Hall, Toronto

Thank you, Your Honour. Chief Justices, Honourable Justices, distinguished guests, ladies and gentlemen.

It's a great, great pleasure to be here to witness the swearings-in of Madam Justice Feroza Bhabha, Mr. Justice Howard Borenstein, Madam Justice Carol Brewer, Mr. Justice Paul French, Mr. Justice Shaun Nakatsuru and Madam Justice Andrea Tuck-Jackson all as judges of the Ontario Court of Justice.

I want to commend Chief Justice Lennox, and he would want me to commend his predecessor, who is here, Chief Justice Sidney Linden, for building the Ontario Court of Justice into one of the most distinguished benches in the Commonwealth and it is an honour to be here with Chief Justice McMurtry, who also played, in a different capacity, a very important role in all that.

It is an historic day, as has been said, for a number of reasons, one of which may be a footnote. You may notice, ladies and gentlemen, there are two microphones here. With the permission of the court, my remarks are being audiotaped and will be re-broadcast on your humble Attorney's website. See what's happened to the place after you left, Chief Justice McMurtry? The experts in wire tap law who are here, including one of our esteemed justices, will be pleased to know that there is full consent on my part, and zero consent on my colleagues' parts, so only I will be recorded. Which means, ladies and gentlemen, when I make a joke, it would be helpful to me if you would laugh, and clap, and after I'm done, you can act naturally.

I also want to extend my sincere thanks to the Judicial Appointments Advisory Committee for its work in reviewing –– get this –– over 300 applications, and then interviewing and ranking the selected candidates in making their recommendations to me.

This was an unprecedented number of applications for these six appointments and, as is the case, it gets tougher and tougher –– the work that the committee does –– because the applications somehow continue to come in of such enormously high quality.

There is no doubt that, collectively, these six people before you are a formidable group. But I want to take a moment to speak to each person's accomplishments and expertise.

Madam Justice Feroza Bhabha came to the Ministry of the Attorney General, Crown Law Office 15 years ago, after working in private practice.

She was a highly accomplished prosecutor with advocacy skills in both appellate and trial courts.

Over the past 15 years, Justice Bhabha has spent much of her time representing the Crown on criminal appeals before the Court of Appeal, but she has also argued cases before the Supreme Court of Canada and conducted trials in both the Superior Court of Justice and Ontario Court of Justice – where she will now preside.

She has a trait that will serve her well on the bench. She is, in a word, fearless. I say "fearless" because she once agreed (in the name of instilling love and respect for other cultures) to take four of her six pre-teen and teen-aged nieces and nephews on a two-week car trip through France – on her own. I think you'll agree this is a daunting prospect. This summer, I took my two pre-schoolers to Toronto Island. We're impressed, Your Honour! Not only did Justice Bhabha survive the adventure; but I have it on good authority that she returned from the trip with a smile on her face.

Spending her early years growing up in apartheid South Africa, Justice Bhabha is very aware – and has witnessed first-hand - the downside of power when misused. Given her exposure to discrimination and social injustice at an early age, her Honour has developed a profound respect for the dignity of all people, regardless of their circumstances.

Your Honour, I have no doubt that the bench will be strengthened by your presence.

Mr. Justice Howard Borenstein has acted – premature clapping, that's good, we like that, we can edit this – Mr. Justice Howard Borenstein has acted as a trial and appellate counsel on all types of criminal cases; homicide, robberies, extortions, frauds, assaults; the gamut. In recent years he expanded his practice to include disciplinary hearings before professional bodies, labour law, a coroner's inquest and some civil litigation including civil trials.

He has been described by his wife Kate – who, I should mention, is a capable minister of justice and an Assistant Crown Attorney here in Toronto – he is described as possessing a huge heart, and I'll agree, and also being "earnestly enthusiastic" in things he takes on.

His Honour received his pilot's licence, and then decided he was going to fly the family to Ireland…in a used MIG fighter jet. Do not approve this expense, Chief Justice.

Another summer, he went sailing and, alas, Captain Borenstein decided the family needed a sailboat to sail to the Emerald Island. Chief Justice, same thing.

We all admire a man who dreams big.

But Mr. Justice Borenstein not only dreams large dreams, he has always given back to the community in a very very large way.

He's volunteered large amounts of his time to numerous charity projects, including: the building of a park in Toronto for children with disabilities to enjoy, holding fundraisers to raise money for children in China and Africa orphaned by AIDS, and making meals in his home and then delivering them, with his wife and three children in tow, to the city's homeless.

Thinking big and enormous compassion are traits that will go well beyond his legal expertise and will likely serve Justice Borenstein very well during his career on this great bench.

Madam Justice Carol Brewer has had a most impressive career dedicated to public service. She started out at the Ministry of the Attorney General in our Crown Law Office some 22 years ago.

Madam Justice Brewer was involved in bringing a victim-witness program to the Crown Law Office – Criminal. She was very involved in implementing the office's high risk offender flagging program. She was very involved in sitting on the Criminal Law Division's in-custody informant review committee.

She is nationally recognized as one of the leaders in wiretap law. Justice Brewer was a wiretap agent for many years and has also passed on her extensive knowledge to the next generation of wiretap agents through annual training sessions. She sat on the National Wiretap Precedent Working Group.

She holds the distinction of being one of only a handful of legal experts chosen from Ontario to be part of the faculty of the Federation of Law Societies.

She is also known around the office as an excellent listener and a very loyal colleague.

Her strong sense of loyalty is very evident when Her Honour speaks of family. It doesn't matter if she is speaking of Christine, or Cameron or Claire – her face lights up when she talks about her kids.

And while there is no doubt that Justice Brewer has worked tremendously hard professionally to serve her community, it is also clear that she has always made time to support her children, to watch them and help them grow up, in various extra-curricular activities, from weekend trips to Florida, gymnastics trials, countless cheerleading competitions, and football games. I am betting that Attorneys over the years have been reading factums authored by Justice Brewer that were authored while sitting in the bleachers cheering her kids on.

Her Honour, after leading a life so dedicated to public service, I am very pleased that you are now being given the opportunity to continue that service in your new capacity as a judge of this court.

Mr. Justice Paul French is one of those rare counsel with experience and expertise in criminal and civil and public law. He started off his career practicing under the mentorship of the late great Arthur Maloney, the dean of the criminal bar in Canada, and the uncle of Mr. Justice French.

Justice French was counsel to the Provincial Judges' Association in the negotiation and implementation of the Framework Agreement providing for judicial remuneration in Ontario.

As a director of the Advocates' Society, his honour authored a study and report, which provided for the reorganization of the Society into its present structure.

He is also widely known as a prodigious worker who never reveals the confidences of his clients, even to his wife Michele (Micki) Smith.

Micki, as you know, is a senior counsel in the Ministry's Crown Law Office – Civil. She represented Ontario at the Krever Commission into the Blood System in Canada. On the very day that she finished her written submissions to the Inquiry, which brought an end to years of representation at the Inquiry, she called her husband, his Honour, to tell him of her pride and, frankly, relief that it was finished. She was saying, you know, "Perhaps the Minister of Health, after all of this work that we've all done, might extend to me a personal thank you." Justice French, his response was "I wouldn't count on it. I just asked for his resignation." So clearly the two are not collaborating in any way, shape or form.

If asked, Justice French would probably say his biggest accomplishment in life was helping to raise his two children – Laura and Michael - of whom he is very proud. I know that he insisted that his daughter Laura stay in Amsterdam rather than attend this swearing-in, so that she would not miss the first few weeks of her graduate studies overseas. But she'll be able to listen to my remarks on the website!

Laughing and clapping –– I want to congratulate this audience!

Congratulations, Justice French. May your outstanding commitment to service, both in your profession and your community, continue in this next stage.

Mr. Justice Shaun Nakatsuru is a highly accomplished litigator. He has practiced in criminal law, he has worked as a prosecutor and counsel for the College of Physicians and Surgeons and most recently, held the position of Crown counsel in the Constitutional Law Branch at the Ministry of the Attorney General.

He is admired by many, including those who run marathons – and he's a marathon runner. I should tell you, however, that he first decided to take up marathon running last year, and over the last year has participated in three, count ‘em, three marathons, including the Boston Marathon. I'm not at all jealous, Your Honour. Three marathons in one year, one being in Boston, reflects the serious determination, I think, that he will no doubt bring to this court.

Now, looking at this clean shaven judge before you, you may be shocked to know that Justice Nakatsuru was once a bit of a long-haired student activist back at the University of Toronto law school, involved quite extensively in the Law Union, and was part of the student–run "Union of Injured Workers". Throughout his career he has continued to develop, to help those in need, by working at and serving on the board of directors of various Toronto community legal clinics and other social welfare agencies in the city.

He's been very involved in trial advocacy, teaching many courses over the years at the University of Toronto and Osgoode Hall.

He has also served as Director of the Association of the Law Officers of the Crown.

At the Ministry of the Attorney General in the McMurtry-Scott building, Justice Nakatsuru conducted constitutional litigation on behalf of the province, appearing before the Supreme Court of Canada many times. He has over the years provided me with excellent advice in the area of constitutional law, and I will miss him. He has also become a natural mentor to many young lawyers in the office.

You will most definitely be missed by your colleagues and peers at the Ministry, but I know that they are all joining many people in this room who wish you ongoing success in the next part of your career.

Madam Justice Andrea Tuck-Jackson has worked in private practice specializing in criminal law for the past 14 years and, since 1993, has also been part-time prosecutor for the Ministry of the Attorney General.

Madam Justice Tuck-Jackson has conducted trials before the Ontario Court of Justice, before the Superior Court of Justice, and has appeared as appellate counsel before both the Superior Court of Justice and Ontario Court of Appeal.

For the last two years, she has worked as co-counsel for the Ontario Provincial Police before the Ipperwash Inquiry in Forest, Ontario.

Now, those of you who have had to work away from home for many, many nights will know what that is like. Those of you who are familiar with Forest, Ontario, will know that there is no, NO Four Seasons Hotel. You can only imagine, after having renovated your house, as she had just done, what it might have been like to serve for a couple of years in the hotel rooms of Forest, Ontario. She did it, of course, because it was in service to her client, and in service of the public interest, and in service to the Commission.

Justice Tuck-Jackson has worked in conjunction with a number of judicial reviews and inquiries including assisting the Honourable Sydney Robins in his review to identify and prevent sexual misconduct in Ontario schools.

She has also served on the Board of Directors of Operation Springboard, a non-profit community social agency that designs programs and services to support young people in the pursuit of a productive and healthy life.

And as the professional mother of three children – including twins – Madam Justice Tuck-Jackson also exhibits the much-needed attributes of patience, perseverance and organizational skills.

Your Honour, I have no doubt that your exposure to a broad range of criminal law experiences, from such a variety of perspectives, combined with your outstanding, outstanding professional integrity will benefit the bench and, in turn, the people of this province.

Chief Justice, members of this court, I am extremely proud to have recommended the appointment of these justices to the Executive Council of Ontario. I am extremely proud to be here for their swearing-in. Ladies and gentlemen, thank you, and congratulations, Your Honours.

• News Release: Attorney General Announces Judicial Appointments (Aug. 11, 2006)

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