Wagner characterized the convoy protests as a “circumstance that could undermine our principles such as judicial independence, the rule of law, institutions.” He said the protests included people of “good faith” but also others who were “remotely guided” with “misunderstanding” and “a certain ignorance” of the rule of law, and who were seeking to bypass the political “system.”
“It doesn’t inspire good feelings in me. I find that disturbing,” Wagner said.
‘Appearance of Partiality’
In February 2022, four groups filed notices of application with the Federal Court to review all matters related to the trucker convoy to determine whether the invocation of the Emergencies Act was justified. The lawyers expressed concern over the possibility that one or more of those applications may reach the Supreme Court and be heard before Wagner.“[T]he 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,” the lawyers’ letter read.
“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 principles say that judges must “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.”
“A judge should not involve himself or herself inappropriately in public controversies,” the commentary said.
“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.”
The Epoch Times reached out to Wagner for comment but did not hear back by the time of publication.
Queen’s University law professor Bruce Pardy was one of the signatories, as was lawyer Keith Wilson, who has represented some of the Freedom Convoy protest participants.
The CJC is composed of Canada’s 41 chief justices and associate chief justices. It is chaired by Chief Justice Wagner himself. It was created in 1971, partly in response to the case of a judge who was charged with a criminal offence but the charges were later dismissed.
