Hon. Judy A. White: Honourable senators, I rise today in support of Bill S-219, an Act to establish Judicial Independence Day.

Before turning to the substance of the bill, I would like to begin by offering my sincere thanks to Senator Moreau. This initiative is very much the result of his leadership and his deep respect for the role of an independent judiciary in our democracy. He was the original sponsor of this bill and brought it forward with conviction and care.

While Senator Moreau is no longer able to continue in that role, he has entrusted me with the sponsorship of this bill. I am grateful for his confidence and honoured to carry this forward. It is the first bill I’m sponsoring.

This bill gives us an opportunity to reaffirm Canada’s commitment to the separation of powers, the principles of our Constitution and the paramountcy of justice and human rights. In this era of geopolitical tension, democratic backsliding around the world and rising threats to the rule of law, we must remain steadfast in our commitment to Canadian values. Bill S-219 is a chance for us to do just that.

I will begin by sharing the significance of January 11, the day that is designated as the proposed judicial independence day by this bill. I will provide an overview of the importance of establishing this day, and then I will turn to how this bill supports sustaining public trust in institutions in the Canadian context, as well as underscores our commitment to human rights.

Finally, I will conclude with a Two-Eyed Seeing analysis of judicial independence, grounded in the Western notion of being clear-eyed and Indigenous teachings about relational accountability.

This bill will declare January 11 as judicial independence day every year in Canada. This date was chosen not because it’s my birthday — and it is — but because it is the anniversary of the 1000 Robes March.

The 1000 Robes March happened on January 11, 2020, in Poland, when thousands of judges from Poland and across Europe marched throughout the streets of Warsaw in their robes, peacefully showing the government that they would not stand for political interference in the judiciary. They were protesting a series of attacks that had been made against the independence of Polish courts and judges. Specifically, this included the establishment of disciplinary proceedings against judges who opposed the political party that was in power. It also suggested a “muzzle law,” which prohibited judges from publicly questioning appointments made by the government.

As Senator Moreau pointed out in his second reading speech:

Bill S-219 is . . . a show of support for the call that was put out, a gesture of remembrance for this event and an act of solidarity.

It is an expression of Canada’s commitment to the rule of law today and for future generations, even and especially in the face of ever-changing political realities. It gives us an annual reminder of the judges who stood up for democracy and the separation of powers when their institutions were under threat.

There are international calls for UN Member States to establish judicial independence day. The International Association of Judges, the Global Judicial Integrity Network Advisory Board and the UN Special Rapporteur on the independence of judges and lawyers have all supported its adoption.

Senator Moreau shared in his speech that, with the adoption of Bill S-219, Canada will be the first democratic country in the world to answer this call.

In Canada, our judiciary is stable, strong and well protected. The Supreme Court of Canada has defined judicial independence as:

. . . the nature of the relationship between a court and others. This relationship must be marked by a form of intellectual separation that allows the judge to render decisions based solely on the requirements of the law and justice.

Protection of this separation is referenced in the preamble to the Constitution Act, 1867. It is also enshrined for criminal trials in section 11(d) of the Charter and, for superior courts, in sections 96 to 100 of the Constitution Act, 1867.

In practice, this means ensuring that there is no executive control over the courts, judges and/or jurists. It means upholding democracy by preventing the abuse of power and maintaining our system of checks and balances.

According to the UN Special Rapporteur on the independence of judges and lawyers, specific examples of judicial independence in practice include:

. . . [fair] procedure and qualifications for the appointment of judges, the guarantees relating to their security of tenure . . . .

. . . the conditions governing promotion, transfer, suspension and cessation of their functions, and the actual independence of the judiciary from political interference by the executive branch and legislature.

A legal system that is truly independent strengthens democracy, increases public trust and is a sign of responsible governance. The strength of our democracy actually rests on an unwavering commitment to the rule of law, which is best executed by courts that are insulated from public influence or interference, where judges are empowered to act impartially and those judges are appointed through transparent, merit-based processes.

In his renowned speech to the World Economic Forum in Davos, Prime Minister Mark Carney emphasized these values on a global stage, including Canada’s commitment to upholding human rights. In the turbulence of modern geopolitics, it is crucial for us to reinforce our commitment to maintaining trust in democratic institutions and the peace, order and good governance that our Constitution compels us to uphold.

Prime Minister Carney shared at the forum that Canada has,“. . . the values to which many others aspire.” Also, “Canada is a pluralistic society that works. Our public square is loud, diverse and free.”

Colleagues, by now you may be asking: if our judiciary is strong and our society works, why do we need to declare an annual day for judicial independence? I will offer two reasons.

First, it is a show of solidarity with independent courts all around the world. From our privileged position of a strong democracy, Canada can be an example. We can show that we stand with democratic institutions everywhere.

Bill S-219 comes at a time of “polycrisis,” as many countries face democratic backsliding and threats to their institutions, not just in Poland but in Hungary, India, Ecuador, the Philippines and the United States. On almost every continent everywhere in the world, there are threats to democracy through corruption, executive overreach and injustice in the judiciary. By adopting Bill S-219, Canada will be a trailblazing nation which stands tall in our values, especially as democratic institutions around the world come under threat.

My second reason for this day is that an annual day recognizing the importance of the judiciary will be an ongoing reminder of our commitment to a predictable, independent and transparent legal system here at home.

The Swedish Judges Association, which also operates in a country where judicial independence is well assured, supports judicial independence day. They say it’s because it is:

. . . a recurring reminder that the basic principles of the rule of law cannot be taken for granted, but require attention, knowledge, and a shared sense of responsibility – even in countries where the position of courts is currently strong.

Bill S-219 will ensure that, each year, we are compelled to check on the state of our democracy and we reaffirm our commitment to the rule of law. It designates an annual moment for acknowledging our collective responsibility to uphold a judiciary that operates in the interest of justice and the Constitution and, most importantly, unimpeded by political influence.

Colleagues, democracy is an active process that requires frequent recommitment to our values and a reassessment of the strength of our institutions. Let’s give ourselves a reminder of this by establishing judicial independence day.

I want to discuss how the principle of being clear-eyed and the Indigenous notion of two-eyed seeing can offer insights on the value of judicial independence.

Canada’s executive has twice now invoked the importance of being clear-eyed. In the Speech from the Throne, His Majesty King Charles III, in this very chamber, presented this principle in relation to the unprecedented domestic and global challenges Canada is facing. More recently, Prime Minister Carney evoked the same principle in Davos, urging pragmatism grounded in evidence and reality amid shifting geopolitical power. In both instances, being clear-eyed means resisting complacency, confronting uncomfortable truths and acknowledging that democratic institutions, however strong, are never self‑sustaining. It means direct acknowledgement of challenges, complexities and/or contradictions we may face in national and international governance.

This approach aligns with my Mi’kmaq teaching of two-eyed seeing. Two-eyed seeing, as espoused by Elder Dr. Albert Marshall, of Eskasoni, Nova Scotia, is a way of understanding that invites us to see, with one eye, the strengths of Western constitutional traditions, and, with the other eye, the strengths of Indigenous knowledge.

With one eye, we see the Western constitutional tradition: the rule of law, the separation of powers and the independence of the judiciary as a structural safeguard. This eye sees the text of our Constitution and the Western legal arguments that protect our independent courts from executive or political interference. It emphasizes impartiality, predictability and legality.

With the other eye, we see my Mi’kmaq teachings, grounded in relationship and responsibility. This perspective understands authority not as command but as trust. It emphasizes balance, relational accountability, humility in leadership and the responsibility to act with future generations in mind. Justice, through this lens, is not abstract. It is lived, relational and measured by whether decisions preserve harmony and dignity of peoples. We consider the value of justice through the lens of community and upholding the obligations we have to one another.

When we use both eyes together, we see more clearly, more wisely and more completely. Together, this perspective illuminates a shared truth: Justice must be independent, principled and protected. The rule of law is not merely a legal doctrine; it is a covenant between the state and its people. It ensures that power is constrained, that rights are protected and that justice is accessible to all.

In my Mi’kmaq traditions, we find a parallel understanding — that authority must be exercised with respect, that decisions must honour the community and that fairness is a sacred responsibility.

Colleagues, at the head of both traditions stands the same principle: independence of judgment. Judicial independence is not a privilege of judges; it is a safeguard for society, a protection owed to all of us. It ensures that every person, regardless of status or influence, stands equal before the law. It ensures that governments act within constitutional boundaries. It ensures that justice is not shaped by political winds but grounded in enduring principles.

For this independence to be real, it must be protected not only through the constitutional text and legal doctrine, but through vigilance, culture and collective responsibility. That is why I feel Bill S-219 matters.

By establishing judicial independence day, we create a shared annual moment of reflection. It is a show of support for the resistance that European judges showed on January 11, 2020. We remind ourselves that democracy requires care, that institutions require stewardship and that the independence of our courts, like the freedom they protect, cannot be taken for granted. We affirm both Western commitments to human rights and constitutionalism, and my Mi’kmaq values of balance, relational accountability and respect for generations yet to come.

Now more than ever, let us be clear-eyed. Let us stand together, using both eyes, to protect the independence of judgment upon which justice, democracy and public trust depend. Let us establish judicial independence day.

Wela’lioq. Thank you.