Elected leaders should read Supreme Court decisions before speaking, says top justice

OTTAWA — The chief justice of the Supreme Court sent a warning Monday about the risks elected officials run by reacting to decisions from the court without first having read the rulings themselves.

Richard Wagner issued that call during his annual news conference on the work of the top court and other matters pertaining to the administration of justice.

Wagner said he is concerned about the spread of false information on court rulings, and politicians criticizing rulings based in part on which judge delivered them.

“It is one thing to express disagreement with a decision,” he said Monday.

“But it is another thing altogether to criticize it because of who the judge is or how they were appointed. Comments like this undermine public confidence in the justice system.”

He added: “We should be especially concerned when elected representatives say these things.”

Wagner pointed to a March ruling on a sexual assault case that at one point used the phrase “person with a vagina.”

Some columnists blasted that phrasing. The attention it garnered prompted Quebec legislators to unanimously pass a motion denouncing the ruling, claiming it tried to make women invisible and underlining the importance of using the word “woman.”

But the ruling itself did use the word “woman” many times, and after the vote, the Quebec Liberal Party said it had regrets about going along with the motion. Québec solidaire also said it wished it had handled the situation differently.

Speaking in French, Wagner said those writing about the decision managed to convince elected officials to condemn it. But if they had actually read the decision, they would have seen the Supreme Court “never wished to devalue the notion of womanhood.”

“Disinformation did circulate,” the chief justice said.

“That is a clear example of how disinformation circulates, and it can be dangerous. We’re talking about people in a position of authority and people who don’t read our decisions could easily have been led to believe that there was a grain of truth in what they said.”

At the federal level, Melissa Lantsman, one of the deputy leaders of the Conservatives, also weighed in on the sexual assault ruling after it came out.

She shared an opinion piece written about the decision on social media, saying, “there is nothing confusing about the word ‘woman,’ it’s common sense,” — invoking the Conservatives’ “common sense” catch phrase.

“It’s not hateful, bigoted, wrong or unfair in anyway. This is just complete nonsense that moves nothing forward. It’s not ‘progress,'” she posted on X.

Asked whether Lantsman had read the ruling herself, and about her thoughts on Wagner’s concerns about the spread of disinformation, a spokesman for Conservative Leader Pierre Poilievre’s office said “the deputy leader was commenting on a news piece from a major national media outlet.”

“Her comments speak for themselves,” spokesman Sebastian Skamski said in a statement.

During his news conference, Wagner also noted that he had seen improvements when it came to filling outstanding vacancies for judges in Canada.

He and others have long flagged the appointment process as a serious concern, noting delays in appointing judges led to some criminal charges being stayed because cases could not be heard in a timely manner.

Wagner said there are around 57 vacant positions, which is down from about 90 at this time last year.

“I saw some improvements, and I am confident now that the situation can be corrected.”

Justice Minister Arif Virani vowed after last summer’s cabinet shuffle that appointing judges was a top priority for him.

Artificial intelligence and its potential impacts also remains an area of keen interest for Wagner, who said he’s in the process of working to develop guidelines for the courts.

While the technology carries risks, Wagner suggested there may be opportunities to use it to help with translation, for example, he said in French.

The chief justice declined to comment on how some provincial leaders are using the notwithstanding clause, a provision in the Charter of Rights and Freedoms that allows any level of government to pass laws that override parts of the Charter for up to five years.

He said cases involving the use of the notwithstanding clause may yet be decided by the top court.

One example is the case of Quebec’s secularism law, also known as Bill 21. The court hasn’t yet said if it will hear the case.

Wagner also steered clear of comments made south of the border by former U.S. President Donald Trump, who has spent the last few days since his felony conviction decrying the justice system.

“I’ve decided I will stop (trying) to understand what’s going on. It’s very hard to understand,” he said.

This report by The Canadian Press was first published June 3, 2024.

Stephanie Taylor, The Canadian Press