Addresses to CBA Annual General Meeting highlight threats to the rule of law

Chief justice of Canada urged investments in court resources while CBA President issued call to step up efforts to ensure safety of judges and users of the justice system.

BY CBA National/ABC National 8 Feb 2024

In his address to the Annual General Meeting of the Canadian Bar Association, Chief Justice Richard Wagner sounded a note of caution regarding the global rise of tyranny and systemic corruption as threats to the rule of law. Citing the most recent index by the World Justice Project, which for the sixth year in a row shows a majority of countries experiencing declining rule of law, he highlighted Canada’s role as a beacon of justice on the world stage.

“Despite the overall health of our legal system, we know that some challenges remain,” said the Chief Justice, emphasizing the need to safeguard the principles of democracy and judicial independence. “We must always strive to be a role model for the global community.”

Wagner also expressed concerns about access to justice for marginalized Canadians if governments don’t remedy the “persistent” lack of resources for the courts and “considerable” delays in filling judicial vacancies.

As of January 1, there were 78 vacancies in federally appointed judicial positions. He noted that some courts have been coping for years with vacancy rates as high as 10 to 15%, adding that it isn’t rare for vacancies to go unfilled for months and even years.

“Unfilled positions on the bench escalate an already alarming situation in some courts that are facing a critical lack of human and financial resources.”

The situation does little to inspire public confidence in the judicial system, he stressed, further adding that governments must understand