Hon. Judy A. White: Honourable senators, I rise to speak at third reading of Bill S-219, An Act to establish Judicial Independence Day.

I am proud to be the sponsor of this bill, which expresses Canada’s commitment to democracy and justice for all. I want to acknowledge Senator Moreau for his tireless advocacy for the independence and transparency of democratic institutions. Bringing this bill forward was one of his first acts when he was appointed to this place. Thank you very much, sir.

Bill S-219 designates an annual day recognizing judicial independence. It gives us a recurring reminder to check in on the state of our democracy. It is a way of reaffirming the strength of our institutions, and it is a show of solidarity for independent courts around the world. It enshrines our commitments to good governance, the rule of law and justice for all. It sets judicial independence day for January 11, the day of the “1,000 Robes March” in Poland in 2020, where thousands of jurists stood up for the impartiality of courts in Europe. Poland was facing significant overreach and political interference by the governing party at that time, which had adopted muzzle laws and arbitrary disciplinary proceedings that undercut the ability of judges to be impartial. Thousands of jurists from across Europe gathered to silently and peacefully march through the streets of Warsaw to show that they would not stand for this treatment. They came together in support of a justice system that is stable, predictable and free of partisan biases. They stood for judicial independence.

Judicial independence means a lack of political interference with the activities of courts, but it also means the freedom of jurists to criticize the government and to enforce the rule of law, the Constitution and the rights of the people. It ensures that one head of power is not too concentrated and that there are checks and balances against the power of the legislative and executive branches. In practice, this looks like a transparent and fair appointment process for judges, security of tenure and resources and non-interference by other orders of government.

Judicial independence is essential for public trust in institutions, and it is a vital safeguard for good governance.

In his second reading speech, Senator Housakos described judicial independence as “security of tenure, financial security and administrative independence.” However, he argued:

. . . beneath these technicalities lies a deeper, more fundamental principle: the right of every Canadian to have their rights adjudicated by someone who does not owe their position or their livelihood to the whims of the government of the day.

Senator Housakos underscored the importance of protecting the courts not only from actual interference but also from any perception that they are influenced by outside factors.

Colleagues, you have already heard why this bill matters and why it is especially important in the modern era. During second reading, examples emerged of places where there is democratic backsliding and political interference in the courts. All over the world, there are instances of the erosion of democracy through the destabilization and weakening of the power of the courts. We discussed how institutions can come undone through attacks against judges, lawyers and their work. We agreed across group and party lines that democracy is an active process that requires an ongoing commitment to the values that underlie it and the frequent recommitment to the strength of its institutions. We agreed on the vital importance of judicial independence in Canada not only today but for the next seven generations to come.

Colleagues, even where the system of checks and balances is strong — like the one we have in Canada — it must not be taken for granted. We must frequently recommit to maintaining non‑interference in our justice system, and we must uphold the principles of predictability, relational accountability and equality for all. These are not simple ideas that I am suggesting; rather, they are essential elements of our democracy that we are compelled to uphold by our Constitution, the common law and our international human rights obligations.

Creating a day for judicial independence is not just putting a mark on the calendar. It represents an annual commitment to verify the strength of our institutions and to ensure constant recommitment to our values moving forward.

In committee, the Honourable Justice Clayton Conlan of the Canadian Superior Courts Judges Association argued:

Judicial independence is the cornerstone of our constitutional democracy in Canada. Judicial independence, the separation of powers, distinct branches of government and the rule of law are some of the most important pillars of our society.

The Canadian Superior Courts Judges Association strongly supports this bill not only because it is a way of being vigilant about maintaining the strength of the judiciary in Canada but because it is a way of supporting the independence of jurists and courts everywhere.

With the adoption of Bill S-219, Canada will be the first country to answer the global calls to adopt a national judicial independence day. We will show international solidarity with judges whose independence is threatened by executive overreach. We will stand tall in our values in an era when the strength of justice and trust in institutions are beginning to falter around the world. We will not take judicial independence for granted; rather, we will engage actively with maintaining the strength of our democratic institutions and the principle of non-interference in courts. And we will be a global leader in expressing our support for the freedom of courts.

Colleagues, this is our moment to stand tall in our values and to commit to never becoming complacent. It is our commitment to vigilance over our democracy. Adopting this bill will not only show our solidarity with the jurists everywhere who resist threats to their independence, but also enshrine our ongoing commitment to integrity, justice and the rule of law through judicial independence.

Honourable senators, I encourage you to adopt Bill S-219 without amendment and without delay. Because when we stand for judicial independence, we stand for Canada’s foundational values. We stand for freedom, the rule of law and justice for all.

Wela’lioq. Thank you.