Wagner

Wagner

A group of 13 lawyers have written a letter of complaint to the Canadian Judicial Council about comments by Supreme Court of Canada Chief Justice Richard Wagner regarding the Ottawa trucker convoy.

The complaint quotes a full page of excerpts from an April 9 Le Devoir article where Wager said the convoy was “the beginning of anarchy…to take other citizens hostage, to take the law into their own hands, not to respect the mechanism…That, I find worrying.” 

The convoy included people of “good faith” and others who were “remotely guided”, according to Wagner.

“It doesn’t inspire good feelings in me. I find that disturbing,” Wagner said, adding that the convoy was fueled, not just by diesel, but by “misunderstanding” and “a certain ignorance” of the rule of law.

The judge likened the convoy to a situation that would “undermine democracy and judicial independence…[and] maintaining respect for institutions, in maintaining the rule of law.”

Four Notice of Applications regarding the trucker convoy have been filed with the Federal Court and may eventually reach the Supreme Court.

In the complaint letter, the lawyers warned, “The Chief Justice’s views expressed in the Le Devoir article fit within the legal definition of a reasonable apprehension of bias and an appearance of partiality. We submit that the Chief Justice’s remarks will undermine Canadians’ confidence in the independence of the Supreme Court of Canada in particular, and in the judiciary, generally…

“We further submit that the confidence of the litigants in the capacity of the judicial system to impartially and fairly determine the issues raised in the four (4) Notices of Application filed, plus any other Notices of Applications to be filed, will be undermined.”

The letter cited Ethical Principles for Judges, published by the Canadian Judicial Council in 2021, which applies to federal judges, including those on the Supreme Court of Canada.

Those principles call upon judges to “ensure that their conduct at all times maintains and enhances confidence in their impartiality and that of the judiciary” and “avoid using words or conduct, in and out of court, that might give rise to a reasonable perception of bias.”

The principles also say, “A judge should not involve himself or herself inappropriately in public controversies…. If a judge enters the political arena and participates in public debates — either by expressing opinions on controversial subjects, [or] entering into disputes with public figures in the community, he or she will not be seen to be acting judicially when presiding as a judge in court.”

Western Standard contributor Karen Selick, Queen’s Law Professor Bruce Pardy, and Justice Centre for Constitutional Freedoms lawyer Keith Wilson, Q.C. were among the signatories.

One of the 13 signatories spoke to Western Standard on the condition of anonymity.

“I had heard the Chief Justice's comments and I thought, ‘This is not what you're supposed to be doing as a Chief Justice.’ So I was just ticked off by the apparent hypocrisy,” they said.

“The thing speaks for itself. Is it not newsworthy that a group of lawyers has filed a complaint against the Chief Justice?”

The interviewee expressed doubts about the complaints process due to a “worrisome” problem.

“You know who the head of the Canadian Judicial Council is, right? It's the Chief Justice of the Supreme Court of Canada! So we have no idea what he's going to do about a complaint about himself."

“We don't have any idea how this is going to play out or whether he'll do anything, or just quietly respond in a few months saying, ‘Well, we've considered the complaint, but it has no merit. Thanks very much.’”

The interviewee hoped the court of public opinion might censure the judge, since more formal consequences seem unlikely.

“How do you complain against the guy who is at the top of the heap in the whole judiciary in the country and also at the top of the heap in the complaints department?” they asked.

“He deserves some bad publicity. He deserves some public dressing down from ordinary people who think that this is not the way he should conduct himself because we don't think he's going to actually do anything to punish himself.”

The CJC is composed of Canada’s nine chief justices and thirteen senior judges. Former Pierre Trudeau housing minister Paul Cosgrove in 2009 and Alberta judge Robin Camp in 2014 were the only 21St Century justices the CJC recommended for removal.

Both resigned before Parliament could vote on their futures. 

Senior Contributor (Saskatchewan)

Lee Harding is the Senior Saskatchewan Contributor for the Western Standard and Saskatchewan Standard based in the Regina Bureau. He has served as the Saskatchewan Director of the Canadian Taxpayers Federation.

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(22) comments

gtkeough

Amen to all above. These corrupt, self serving morons will remain sponges to the Canadian tax payer as long as there is no accountability or responsibility needed. Wilson Raybould is one of the all too few in recent times possessing dignity & respect for the common good. In showing this, we witnessed how Trudope reacted ( & got away with ). By banding together, our Truckers initiated a world wide awakening, could the Law Society do something similar? Canada, as well requires the ability to Impeach corrupt leadership. Trudope & bobbleheads continue to demonstrate a total disregard for what they swore to uphold ( our Constitution & Bill of Rights & Freedoms ), why should we as a society, allow them to remain?? It's democratic suicide!

Fundamental Justice

Very interesting article. Everyone here would also be interested to learn that the MOJ David Lametti is refusing to respond to a charter complaint improperly protecting lawyers and judges breaking the law. The ethics commissioner is involved. The PM is involved. The Minister of Public Safety has been informed by the PM’s office but nothing has been done.

Judges claim a right to ignore the transcript, and can prefer to solicit perjury from the Plaintiff to protect her lawyer committing fraud.

www.fundamentaljustice.com

Left Coast

Wager is not a Judge . . . he is a Judicial Activist . . .

I have watch Canada's Supremes as they "Color" outside the Lines for many decades now. They are Political Operatives and a danger to the country.

The Legislature & Parliament make the LAWS, the Judges enforce the LAWS . . . they are not there to Re-interpret or inject their own political bias, always far-left it seems.

Time these people were Elected by the Citizens and stood for re-election every 4 or 5 years . . . Wager needs to be removed . . .

Sunlover

Last night the CBC news (propaganda) network chose to rebroadcast their Feb 2022 episode investigating the Trucker Convoy in Ottawa. Much if not the majority of what they “documented” in this installment has now been proven false based on the review of the enactment of the Emergencies Act. Not anywhere before during it after this broadcast, was there any disclaimer to amend the disinformation that was “reported”. This decision to rebroadcast needs to be questioned and brought to the attention of the CRTC and the general public as it served no logical journalistic purpose and further erodes, divided and skews public opinion towards a false narrative the government needs to continue to foment with the general public. Canadian tax payers are funding the CBC and their campaign of deception. The censorship bill will enshrine this despicable broadcaster to continue unchecked. It is time to defund the CBC and the practice of government handouts to media in order to bribe them to promote only their agenda. This is not the way a genuinely democratic Country works.

LRMT

Canada's SC, along with its provincial QC, is simply a conduit for enforcement of Liberal party dictates. Canadians have no fundamental rights. Rather they are granted temporary repreive from incarceration at the whims of the Liberals.

CanadianJeff

The SCC has nine judges. All are appointed, ultimately by the PM.

Six of the nine Judges represent or are appointed from just two provinces. The other eight provinces and three territories "share" the remaining three.

What province would ever agree to join such a Confederation? Why do voters agree to remain in such a Confederation?

Maybe it is time to stop agreeing.

Weyland Yutani

A Supreme Court justice who does not understand what a protest is, or that we have the right to protest, is worried that justice's reputation will be brought into disrepute?

Too bloody late, I'd say. I now hold Mr. Richard Wagner in thoroughly deserved contempt.

Canada is now officially a clown show.

karen.selick

I’m one of the lawyers who signed that complaint. I’m glad it’s getting some coverage here in the Western Standard. Please follow up this story as time goes on.

Weyland Yutani

My sincere thanks for doing so, and let your colleagues know as well. I suppose I shouldn't be surprised at anything anymore, but I never imagined someone in that position could so fundamentally misunderstand the law and the Charter. Thanks for shining a light on this cockroach.

carole

How can we, the taxpayers and citizens of Canada, remove an appointed judge? (Because there are a few that have made questionable judgements that affect all our lives)

murrius54

Canada has become a failed state. The Supreme Court, which now rules against charter rights every time the charter conflicts with leftist doctrine, is just one symptom.

jph1944

Very worrisome, the supreme court judge has already made up his mind about the convoy. How can justice be served if there is already a bias towards the convoy?

nwmatechuk

The Supreme Court of Canada has long ago lost the respect and trust of everyday Canadians, they are now just a tool for the Liberal government to put in place a means of enforcing any challenge to their authority.

Dave's Dog

Liberal scum.

BryanLumsden2003

Canaduh does not have a justice system, it has a LEGAL system! There are NO checks and balances in the appointment of judges. They are appointed by the government of the day, in conjunction with the Law Society.

Given that law professors and law schools are generally quite left leaning, and coupled with the fact that over the last 50 years, the Liberals have been in power for approximately 40 years, it is no surprise that the Chief 'Just-us' has already made up his mind against freedom.

Alberta needs out of Laurentianist Canaduh!

Ceterum autem censeo Justinius True-dope-us esse delendam

Alberta Farmer

Chief Dickhead Wagner needs to be put in his place! He’s nothing but a pedophile global communist puppet! Oh and Alberta needs to separate!

www.easywork2.com

hib

Free Canada

The WEF plan is to slowly remove all power from the provinces. And every time the provinces challenge Ottawa’s power in court, the Supreme Court will just agree with Ottawa. Then slowly, we will become a dictatorship. Once we get a real PM in Ottawa, this PM needs to work with the provinces to amend our Charter to stop the Supreme Court from having power like this. If the PM and 7 provinces agree, the Charter can be amended.

gordonpratt

In the old days elected politicians protected our rights. They frequently failed in this duty but at least they could be defeated at the next election. Old man Trudeau took power from politicians and gave it to unelected judges, who cannot be fired by the public. For this the big money media lauds the old buzzard as a

PersonOne

Freeman that is how it was so easy to take away our rights that are enshrined in the charter. We need kore elected officials...less patronage appointments. We can demand this of new governments going forward

Boris Hall

Who would have ever imagined that Canadian institutions would prove to be so worthless and corrupt?

FreeMan

I’m guessing most of the Supreme Court judges are just like this one, a POS political appointee who could care less about law and our rights, and is guided by his liberal political views. I have no faith in our so called justice system. We cannot rely on our police to protect our rights, we cannot rely on our politicians to protect our rights, and we cannot rely on our courts to protect our right, including the Supreme Court, so who exactly are we to turn to to have our rights protected? There is no one left to do so.

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