SPEAKING NOTES FOR THE HONOURABLE ANNE MCLELLAN MINISTER OF JUSTICE AND ATTORNEY GENERAL OF CANADA AT THE SWEARING-IN CEREMONY OF CHIEF JUSTICE BEVERLEY McLACHLIN

January 17, 2000

Ottawa

Chief Justice McLachlin, Madam Justice L'Heureux-Dubé, distinguished members of the Court, Colleagues, the family and friends of Madame Justice McLachlin, distinguished guests.

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

Before commencing my formal remarks, I would also like to welcome to the Court its newest member, Mr. Justice Louis LeBel, who has just been sworn in this morning.

Today's ceremony is significant, not only for its historic value, but also for the opportunity it provides us to reflect upon the importance of an independent Bench and Bar to our democratic way of life.

Blessed with citizenship in a free and open society, we Canadians are sometimes guilty of taking for granted its benefits, foremost among them, our justice system.

Yet for many around the world, a courtroom such as this in which judges preside and lawyers advocate on our behalf free from government interference, secure in the openness of its process, supported with adequate resources such a courtroom is only a dream.

Without a strong and independent judiciary, there can be no impartial adjudication of disputes between individuals, between the state and the individual, and between different levels of government within the state.

In marking the appointment of Chief Justice McLachlin as the 17^th Chief Justice of this Court and the first woman in this country's history to be named to this position, let us also reaffirm our shared belief in the principles of fairness, transparency and impartiality that are the hallmarks of our judiciary.

As a Justice Minister from Alberta, I would be remiss if I did not take a moment to remind today's assembly of Chief Justice McLachlin's Alberta roots. Originally from Pincher Creek, Chief Justice McLachlin obtained her law degree from the University of Alberta. Today, I bring you the best wishes not only of the Faculty of Law at the University of Alberta, but of all Albertans.

Having thus laid the foundation for her outstanding career, Chief Justice McLachlin went on to pursue a legal career in British Columbia, first in private practice and later, as a professor at the University of British Columbia.

It is perhaps this duality of experience in the law that accounts for Chief Justice McLachlin's excellence in her years on the Bench. Her grasp of the theoretical principles of the law, together with a keen understanding of its practical application to the everyday lives of Canadians, ably equip her to take on the challenges of being Canada's Chief Justice.

Contributing in equal measure to her suitability for this role is the fact that Chief Justice McLachlin has served on every level of court: having been first appointed to the County Court of British Columbia; then, to the British Columbia Supreme Court, the British Columbia Court of Appeal and finally, in 1989, to the Supreme Court of Canada.

This breadth of judicial experience has been further enriched by the administrative skills acquired during her tenure as Chief Justice of the Supreme Court of British Columbia. Her diverse judicial expertise, combined with her proven administrative ability, will stand her in good stead to lead Canada's highest court, at the beginning of this new century.

During her 10 years as a member of this Court, Chief Justice McLachlin has distinguished herself as a superb jurist. Her judgments, notable for their clarity and cogency, have dealt with the full range of issues on the judicial spectrum. Although well known for her writing in the area of constitutional law, she is equally respected for her work in private law matters.

And, it is no exaggeration to say that Chief Justice McLachlin is as highly regarded abroad as she is in Canada, for her decisions in the areas of contract and tort law.

A tireless worker, Chief Justice McLachlin produces judgments that are thoroughly researched and comprehensive in their analysis. It must also be added that notwithstanding her thoughtful approach to judgment writing, her decisions are rendered with "all due dispatch" an attribute appreciated by all those interested in the work of this Court.

In closing, I would like to note that Chief Justice McLachlin is the second Chief Justice from British Columbia, the first having been Sir Lyman Duff, one of Canada's most respected jurists. He served as a member of this Court from 1906 to 1944, the last 11 years of this period as Chief Justice. Interestingly enough, Chief Justice Duff retired in January, 1944. Fifty-six years later, a second British Columbian judge, Madame Justice McLachlin, has become Chief Justice of the Supreme Court of Canada.

In her time as a member of the Supreme Court of Canada, Chief Justice McLachlin has served under two Chief Justices: Chief Justice Dickson and Chief Justice Lamer, both of whom have served the law and their country with integrity and distinction.

I have no doubt that having had the opportunity to learn from such eminent jurists, you, Chief Justice McLachlin, will continue in the noble tradition of Chief Justices Duff, Dickson and Lamer. I have every confidence that you will acquit yourself of your duties as Chief Justice of Canada with the same grace, dignity, intelligence and wisdom that you have demonstrated throughout your career.

On behalf of the Government of Canada, I offer you our very best wishes on your appointment as Chief Justice of the Supreme Court of Canada.