Supreme Court Chief Justice Richard Wagner is defending the need for an impartial judiciary while refusing to address calls for his recusal from a potential Freedom Convoy appeal, citing ongoing litigation before Canada's highest court.Speaking to reporters Tuesday, Wagner said Canadians have a right to expect judges to make decisions free from political influence and outside pressure.“Generally speaking, the people of this country deserve an independent judiciary and that means every citizen of this country, when they enter into a courtroom, will be satisfied that the judge in front of him or her will release a decision without any pressure from any politics, politicians, parties, lobbyists or whatever, and that decision will be made by somebody impartial and independent,” said Wagner.“That is what I mean. We have to protect that.”Blacklock's Reporter said the comments came as Wagner faced renewed questions over whether he should step aside from any Supreme Court proceedings related to the Freedom Convoy after publicly criticizing protesters during the 2022 demonstrations in Ottawa.Asked directly why he would not recuse himself, Wagner declined to answer, saying the matter remains before the court.“You are referring to a file which is before the court,” he said. “There is an application to appeal which is pending in the overall case before the court. You know that we cannot comment on cases pending before the court.”“There is pending litigation on that,” Wagner added. “There is a pending application for leave to appeal which will need to be decided by the court. That's why it would be inappropriate for me to comment on that pending application.”The controversy stems from comments Wagner made in an April 9, 2022 interview with Quebec newspaper Le Devoir, shortly after the federal government invoked the Emergencies {Ware Measures} Act against Freedom Convoy demonstrators.“What we saw on Wellington Street here was the beginning of anarchy where certain people decided to take other citizens hostage, to take the law into their own hands,” Wagner told the newspaper.The remarks prompted a formal complaint to the Canadian Judicial Council from 13 lawyers, who argued the chief justice had compromised the appearance of impartiality.The council's 2019 draft document, Ethical Principles for Judges, states judges must avoid situations that could reasonably cause the public to question their neutrality.“Judges should be attentive to both actual conflicts between their self-interest and their duty of impartial adjudication, and to circumstances in which a reasonable, fair minded and informed person would reasonably apprehend a conflict,” the document states.It further notes conflicts may arise when a judge has “expressed views evidencing bias.”The debate comes as courts continue to scrutinize Ottawa's use of the Emergencies Act during the convoy protests.Both the Federal Court and the Federal Court of Appeal have ruled the federal government acted unlawfully when it invoked emergency powers against demonstrators..In a January 16 ruling, the Federal Court of Appeal acknowledged that some protesters disrupted life in downtown Ottawa through blockades, constant horn honking, street parties, fireworks and amplified demonstrations. However, the court characterized the protests as non-violent political expression.“While undoubtedly disruptive and very annoying to residents of downtown Ottawa, this was non-violent expressive activity that manifestly attempted to convey protestors’ dissatisfaction with the federal government’s Covid policies,” the court wrote.Approximately 230 Freedom Convoy participants were charged during the protests, most commonly with mischief-related offences.During the 2022 Public Order Emergency Commission inquiry, Ontario Provincial Police intelligence commander Supt. Patrick Morris testified that the absence of serious violence during the demonstrations surprised investigators.“The lack of violent crime was shocking,” Morris told the inquiry.“I mean, even in the arrest and charges considering the whole thing in totality. I want to be clear on this.”
