1. Minister’s Opening Remarks

Speech on the Nomination of Mary T. Moreau to the to the Supreme Court of Canada

House of Commons Standing Committee on Justice and Human Rights

Remarks of the Minister of Justice and Attorney General of Canada

November 2, 2023

Introduction

Honourable colleagues –

I wish to begin by extending my thanks and respect to the Algonquin Anishinaabe People, from whose traditional territory I address you today.

I am honoured to rise before you in support of the Honourable Mary T. Moreau, nominated to the Supreme Court of Canada. I am confident in her capacity to uphold the highest of standards in all facets of this position. This includes thoughtful contributions to the evolution of the law, exceptional service to Canadians, diligence and professionalism, as well as ethical excellence. I offer my heartfelt congratulations to Chief Justice Moreau, and I look forward to her appearance before parliamentarians today.

Context

Chief Justice Moreau is nominated to fill the vacancy left by Justice Russell Brown’s retirement.

I am very pleased to report that this nomination joins the 37 others I have had the honour of making since taking office at the end of July. The timely appointment of high-quality candidates is critical, and I continue to strive to ensure that both these key aspects are satisfied.

Supreme Court Appointment Process

As some of you will know, the Supreme Court appointment process is composed of two main, linked elements: the selection process itself and the Independent Advisory Board for Supreme Court of Canada Judicial Appointments (or the “IAB”). I will begin with an overview of the first, before proceeding to a discussion of the IAB process, following which, the Honourable Wade MacLauchlan, Chair of the IAB, has agreed to share his perspective.

Selection process

I wish to highlight the importance of the Supreme Court appointment process generally, and of our unique role here today. We are engaged in nothing less than the work of upholding public confidence in the administration of justice. Trust in the judges who animate and serve Canadians in this system is essential, as is belief in the integrity of the process by which they are selected.

This is now the sixth time the process has been used by our Government, following its 2016 introduction by the Prime Minister. The current process was launched by the Prime Minister on June 20, 2023. Applications remained open until July 21st. In accordance with the well-established custom of regional representation on the Supreme Court, this selection process was advertised as open to all qualified applicants from Western and Northern Canada. Suitable individuals would be jurists of the highest calibre, functionally bilingual, and representative of the country’s diversity.

A rigorous and publicly accessible questionnaire forms an integral component of the selection process, providing candidates with a standardized forum for demonstrating the ways in which they satisfy these criteria. This relates to excellence in the legal and professional realm, as well as creating space for an exploration their personal experiences. The assessment of these aspects by the IAB is critical to an appreciation of candidates’ perspectives on the law and Canadian society.

Independent Advisory Board (IAB)

The IAB forms the heart of the selection process. Reflective of Canada’s diversity, its members are not solely Government nominees but also include those put forward by an array of organizations committed to serving Canadians by upholding the rule of law. Namely, the Canadian Bar Association, the Federation of Law Societies of Canada, the Indigenous Bar Association, the Canadian Judicial Council, and the Council of Canadian Law Deans. This marks the second occasion of the Indigenous Bar Association’s involvement, following an expansion of the IAB’s membership in 2022. I am grateful to the Indigenous Bar Association for its continued support of the process.

I am grateful for the efforts of the Chair and members of the of the IAB. Your work is fundamental to the maintenance of a healthy, robust Canadian judiciary and democracy in which we can all take pride. In this regard, I would like to recognize the Chair, Mr. MacLauchlan, who is serving this role for his second term. I am grateful for your dedication and greatly appreciate your presence with us today and I also wish to offer my sincerest thanks to the members of the IAB.

As stipulated by its Terms of Reference and the confidentiality agreements entered into by each member, the IAB conducted its work in a confidential manner. Preserving such confidentiality throughout the process is critical for the fair and dignified treatment of every candidate. The work of the IAB was supported by the Office of the Commissioner for Federal Judicial Affairs, an independent organization which supports the Minister of Justice in the judicial appointments process. I offer my thanks to the Commissioner’s office for all of its work.

Assessment, first and foremost by the IAB, is performed by measuring candidates against transparent, merit-based criteria - Mr. MacLauchlan will discuss that process for you during his remarks. This culminated in the preparation of a shortlist submitted to the Prime Minister.

I then supported the PM by providing advice based on my own review of the shortlist, complemented by consultation with chief justices, cabinet colleagues, my provincial and territorial counterparts, opposition Justice Critics, members of this Committee and the Standing Senate Committee on Legal and Constitutional Affairs, and senior members of the bar. The Prime Minister then made his final selection.

I turn now to Mr. MacLauchlan and invite him to speak to the IAB process. I look forward to his remarks since those which he offered during the nomination process of Justice O’Bonsawin in 2022 were insightful, informative and reminded us of the need to ensure that our systems culminating in judicial nominations at whatever level, are focussed on discovering, fostering and recognizing candidates who are exceptional, reflective of the diversity of Canadian society.

[Remarks of the Honourable Wade MacLauchlan].

Comments on the Nominee

Thank you Mr. MacLauchlan, for your thoughtful comments. It is now my absolute honour to speak about Chief Justice Moreau, in support of her nomination to the Supreme Court of Canada. I feel privileged, and I say that sincerely, to stand before you and share her many accomplishments and unique journey to this point today. These are but a selection of her brightest moments thus far – a foundation of excellence upon which Chief Justice Moreau will undoubtedly build during her tenure at the Supreme Court. I am equally confident that she will bring the same intelligence, professionalism, respect, and empathy to her judicial work that she brings to all of her personal interactions.

Born in Edmonton, Alberta, Chief Justice Moreau’s illustrious career was nurtured in that province. She studied at the Faculté Saint-Jean at the University of Alberta prior to completing her Bachelor of Laws in 1979 at the same university. Her legal studies included participation in the common law/civil law exchange program at the Université de Sherbrooke in 1977, and more recently, in 2019, she was granted an honourary Doctorate from the University of Alberta.

Following her call to the Alberta Bar in 1980, Chief Justice Moreau developed specific expertise in criminal law, constitutional law, and civil litigation. Prior to joining the bench she litigated several foundational cases involving minority language rights and the Canadian Charter of Rights and Freedoms.

Chief Justice Moreau is an esteemed jurist, having honed her skills for 29 years on the Court of King’s Bench of Alberta, appointed as its Chief Justice in 2017. During her tenure on that bench she, who is recognized for her exceptional work ethic and deep humility among other things, was also appointed a deputy judge of the Supreme Court of Yukon in 1996 and of the Supreme Court of the Northwest Territories in 2005, so as to expand her judicial horizons.

When I reflect on Chief Justice Moreau’s extensive career, I am struck of course by her many achievements, but equally by her ardent commitment to participation in the legal and judicial communities. Beyond her leadership as Chief Justice, she has demonstrated a deep and sustained engagement in judicial education, administration, and ethics.

She was, among other things, a co-founder of the Association des juristes d’expression française de l’Alberta, served as a member of the National Advisory Committee on Judicial Ethics from 2014 to 2017, and was president of the Canadian Superior Courts Judges Association from 2011 to 2012. Since her 2017 appointment as Chief Justice, she has been a member of the Canadian Judicial Council, joining its Executive Committee in 2021 and its Judicial Conduct Committee in 2020, and chairing its Technology Subcommittee since 2022. She was also a member of the Action Committee on Modernizing Court Operations, and Chair of the Judicial Advisory Committee for Military Judge Appointments.

Chief Justice Moreau’s accomplishments reveal a drive to impart knowledge, a commitment to giving back to other jurists so that the profession as a whole may flourish. She has been a regular lecturer at judicial education conferences and programs, having co-chaired the National Judicial Institute’s annual spring National Criminal Law Conference for six years. In a reflection of the breadth of her interests, she also actively participates in international judicial education and support projects, and she chairs the Commissioner for Federal Judicial Affairs’ Judicial Advisory Committee on International Engagement.

That Chief Justice Moreau shone so brightly among the other candidates speaks to her exceptional competence, integrity, and dedication to the fair administration of justice for all Canadians. I am thrilled that her nomination marks the first time the highest court in the country will have a majority of women.

Conclusion

Let me conclude by reiterating my thanks to Mr. MacLauchlan, his fellow IAB members, all individuals consulted, and every candidate who applied. I am honoured to have been able to lend my support in the nomination of Chief Justice Moreau – truly an exemplary jurist and person. I have no doubt that they like their colleagues on the Supreme Court, will bring exceptional service and professional excellence to all Canadians. I look forward to answering your questions.