Hon. Pierre Moreau moved second reading of Bill S-219, An Act to establish Judicial Independence Day.

He said: Honourable senators, I rise today to give my first speech in the upper chamber.

I am sure that all of you remember your first speech. It is a solemn moment that comes with its own worries. When you first rose, you probably felt the room suddenly become wider and much warmer. That is exactly how I feel today.

I want to begin by acknowledging that we are gathered on the banks of the Ottawa River, on the traditional and unceded ancestral territory of the Algonquin Anishinaabe people. I want to honour their history, their culture and their essential contribution as custodians of this land, while reaffirming my commitment to reconciliation and a future in which the rights of Indigenous peoples are finally fully recognized.

In her poignant speech last week, my friend and honourable colleague Senator White accurately stated that Indigenous peoples in Canada have a rightful place in the fabric of this nation. I could not agree more.

This vast Anishinaabe territory stretches along both sides of the Ottawa and St. Lawrence Rivers, on the banks of which I was born, one of four boys, in Verchères, Quebec. It’s a rural area where large tracts of farmland are still farmed today and where, at the time, my father Jean-Marie, his father and his brothers ran a dairy farm.

In his welcoming remarks, Senator Plett was correct: This is where I learned the meaning of resilience and hard work — qualities that are shared by those who work the land.

In 1939, during the Second World War, my father Jean-Marie and his brother Laurent volunteered to join the Royal Canadian Air Force on the European front. Laurent was a bombardier and, at just 26, the oldest member of the crew aboard the aircraft. My father, two years his junior, was a tail gunner in another Lancaster bomber. He was demobilised in 1944 after his brother made the ultimate sacrifice of his life. They are among the Canadian heroes who contributed to the surrender of Nazi Germany, the liberation of France and the return of peace to Europe. My uncle Laurent was one of the 42,000 Canadians who died in combat between 1939 and 1945. Today, we owe them a duty to remember and commemorate their sacrifice for peace and freedom.

Of course, my father is a war hero, but he has been a hero to me all my life. At a very young age, after his father passed away, he made sure the family farm survived and he became involved in his community, first as mayor, then reeve, and finally as president of a group representing Quebec’s rural mayors.

As a result of working alongside him, my three brothers and I learned the importance of public service and democracy, the value of work and integrity.

Today, as a senator within this institution that is an integral part of Canadian democracy, I will make it my duty to uphold the values that were instilled in me from childhood.

Last September, on the day I was sworn in, you all gave me the honour of a very warm welcome. Senator Tannas kindly conducted an archival search of the senatorial district of Les Laurentides, which I am honoured to represent. He evoked with acuity the remarkable character of those that preceded me in this office.

I would like to take this opportunity to pay tribute to my predecessor, Senator Renée Dupuis, for her exceptional contribution to the work of this chamber, and whose considerable work focuses in particular on the importance of fully recognizing the rights of Indigenous peoples.

I would like to thank Senator Saint-Germain, who has been kind and generous enough to mention my past achievements at the Quebec National Assembly. Dear colleagues, I must tell you, however, that political experience has long taught me that the people around us contribute even more to our success than we do ourselves. So it is to them that I would like to direct the compliments so kindly addressed to me by Senator Saint-Germain.

Senator Gold, thank you for the kind words you said about me, but most of all for the hand you so generously held out to me during my early days in Ottawa. You gave me good advice on the senator’s role and the importance of working in a thoroughly collegial way. Senator LaBoucane-Benson will undoubtedly convey to you in her effective way the words I’m speaking at this moment. Parliamentarism implies that we can sometimes oppose the ideas of others, even vehemently.

However, such opposition must never come at the cost of respect for those who express them. I will therefore draw on your teachings and, like you, I will always keep my door open to talk and discuss with my colleagues. The quality and sincerity of our relationships will only improve as a result. I would like to take this opportunity to join with my fellow senators in highlighting your contributions to this institution. I wish you a happy retirement, knowing that you want it to be a very active one.

On November 21, I joined the Progressive Senate Group, and Senator Dalphond welcomed me with open arms. He was absolutely right when he said I’m passionate about public service, and he did me the honour of appointing me to succeed him on the Standing Senate Committee on Legal and Constitutional Affairs. I also joined him on the Standing Senate Committee on National Finance. In fact, senator, I believe we’ll be working very hard soon enough. I’m truly grateful to you for trusting me with that position.

Allow me to also express my gratefulness to each of the members of my group — our veterans as well as our new recruits. I will count on your immense talent and your expertise to guide my steps in this chamber as we continue our important work under the leadership of Senator Francis. Thank you for welcoming me. You are an amazing group.

I had the honour of serving in the Government of Quebec with my sponsor, Senator Gignac. As I’ve said before, I hold him in high esteem and consider him a friend. Everyone recognizes his expertise in economic matters, and it’s been a privilege for me to benefit from his advice on many occasions as a minister and, later, as a political analyst on Radio-Canada.

The day I arrived in this chamber coincided with Franco-Ontarian Day, which Senator Moncion so eloquently celebrated.

I share her love of the language that, as she said, “stands out for its richness of colour, diverse accents and exquisite expressions.” I will strive to give it the pride of place it deserves in every one of my speeches.

As a matter of fact, the Right Honourable Stephen Harper, who typically began his speeches in French, reminded us — and rightly so — that francophones are integral to Canada’s foundation and its future. I would add that our North American-accented language must therefore be heard across our country.

In my maiden speech at the National Assembly of Quebec in 2003, I raised the issue of judiciary independence regarding administrative judges. I intended to make administrative justice more equitable and accessible, and that within their domain, the administrative judges would be independent as are justices of superior courts across Canada.

There can be no denying that the world has changed considerably since 2003. These days, even the independence of superior court judges is under fire in societies where political interference seeks to undermine the rule of law and the necessary independence of the judiciary.

As His Majesty the King pointed out in the Speech from the Throne:

Democracy, pluralism, the rule of law, self-determination, and freedom are values which Canadians hold dear, and ones which the Government is determined to protect.

Indeed, the rule of law is the very foundation of any democratic society, and the independence of the judiciary ensures it is upheld. Judges must be able to make decisions based solely on the rule of law.

The separation of powers is the foundational principle of that independence in that it guarantees the impartial treatment of citizens before the courts and in dealings with the state. Like the rule of law, judicial independence guarantees human dignity and respect for human rights. It enables judges to resist all outside interference.

However, under the influence of fear, exacerbated populism, dehumanization or individuals greedy for absolute power, democracy is retreating.

Many regimes have attacked the independence of their judicial institutions, while others have completely overturned the independence of their judiciary in favour of oppressive and arbitrary governments. There are unfortunately many examples of this.

Indian judges are crumbling under the weight of lawsuits because the Modi government refuses to adhere to an impartial appointment process.

Salvadoran judges were dismissed and punished by Bukele’s government, which instead wanted to make partisan appointments on its behalf.

Ecuadorian judges are having to navigate between the increasing militarization of their government, decisions surrounding the corruption of some of their colleagues and even the violence of drug traffickers.

As Amnesty International reported, judges in the Philippines were killed under the Duterte government for defending the independence of the judiciary.

The lives of women judges in Afghanistan are being threatened because they have convicted Taliban terrorists and are now being hunted down by them.

Judges in the United States, France and Israel have been targeted by campaigns of discreditation and defamation for upholding legitimately passed legislation designed to counter the administrative decisions of the executive or to sanction the misconduct of one of its members.

In Canada, it is easy to take for granted that these cardinal rules are part of the founding principles of any democratic society. However, as we know, all democracies are fragile, and Canada is no exception.

We ourselves have had politicians who have suddenly and inexplicably thought it wise to criticize the courts and judges and publicly challenge their decisions. The direct consequence of these criticisms and attacks is to erode public confidence in the administration of justice and undermine the authority of the courts.

For example, a few years ago, members of the executive attacked the integrity of the Right Honourable Beverly McLachlin, then Chief Justice of Canada, when the Supreme Court rejected an appointment proposed by the executive and deemed inadequate within the meaning of the law.

More recently, some provincial premiers have seen fit to say that judges were engaging in legal activism, that politicizing the appointment process would increase the incarceration rate and that federally appointed judges are incapable of interpreting provincial laws.

Honourable senators, here in Canada, we must remember the importance of judicial independence and, by association, our attachment to the rule of law, which guarantees institutional permanence in a free society. That is why the first thing I wanted to do as a senator was introduce Bill S-219, An Act to establish Judicial Independence Day in Canada. This bill is in line with the International Association of Judges’ initiative to call on the United Nations to recognize January 11 as the international day of judicial independence in commemoration of the “1000 Robes March.” On January 11, 2020, hundreds of Polish judges marched in the streets of Warsaw together with many fellow judges from other European democracies to express their opposition to attacks on judicial independence when the Polish Parliament sought to revoke the principle of judges’ security of tenure.

Bill S-219 is therefore also a show of support for the call that was put out, a gesture of remembrance for this event and an act of solidarity. It also underscores Canada’s commitment to the efforts that the UN and the International Association of Judges are making to protect judicial independence and safeguard the rule of law. The independence of the judiciary depends on an appointment process that is based on candidate merit and on fair, impartial and transparent disciplinary mechanisms. Judges must be guaranteed security of tenure as well as administrative autonomy and financial security. This will ensure that the courts function properly and judges can rule with equanimity.

Through partisan political attacks, judges are unwillingly drawn into political debates in which they cannot and should not become involved. The duty of restraint and impartiality to which judges are bound protects them, but it also makes them vulnerable, since they are condemned to suffer under the political assaults brought against their judgments and sometimes even against their person.

When the judiciary comes under frontal attack from the executive, only the people can offer themselves as a bulwark in safeguarding judicial independence and, hence, the rule of law. This is what the judges in Poland understood when they demonstrated peacefully. They sought public support by denouncing the executive overstep and the dangers to which it exposed human rights.

Honourable colleagues, by reaffirming judicial independence through this bill, the Government of Canada, as an extension of its population, will refuse to trivialize attacks on the judiciary and will reaffirm its commitment to the rule of law. Parliament does not speak in vain.

The declaratory nature of the bill is expressed in its preamble, where it emphasizes that the rule of law is fundamental to maintaining a democratic society and upholding human rights. It also states that maintaining the rule of law requires a judiciary consisting of judges who are impartial and independent in the face of political pressures and interference attempts. That’s why the third objective of this bill is to proclaim that even in the most envied democracies in the world — and I think that includes Canada — it is necessary to stress the importance of the judiciary because it is one of the foundations of the rule of law.

The duty to educate and inform belongs to all branches of government. Judges are condemned to silence outside their judgments, but the very function of rendering judgment is to be the expression and application of our public values in response to wrongful actions.

The legitimacy of the courts also rests on the public’s trust that justice will be rendered impartially and publicly. It presupposes that we agree on the laws that govern us and then that we all hold ourselves accountable for applying them impartially.

The bill will therefore enable judicial institutions to promote their public information and awareness activities, particularly among young citizens.

I sincerely wish that this bill be a tangible expression of my desire to inscribe myself into the active role the Senate plays in the democratic life of our country. If this bill is adopted by both chambers, Canada would be the first democratic country in the world to recognize with a law the day of judicial independence and, by this act, formally express its commitment to the rule of law. I respectfully look forward to your support towards the adoption of this bill.

As a member of the upper chamber and like all my honourable colleagues, I now have a duty to raise awareness of the fundamental role played by the Senate as a democratic counterweight, a defender of the regions and minorities, a bearer of voices that are sometimes ignored in the other chamber, and a guarantor of in-depth reflection on the legislative process. Even in a democracy like ours, excesses of power can jeopardise balance and justice.

For example, when a government enjoys an overwhelming majority in the House of Commons, it is essential to have an institution capable of scrutinising legislative decisions carefully and independently. This is where the Senate comes in, in a spirit free of any political axe to grind. The Honourable Senator Serge Joyal liked to point out that the Senate acts as our country’s collective consciousness. Personally, I believe that this institution has to transcend partisan issues and focus primarily on the common good of all Canadians in all matters that come before it. In this, we can be guided by our shared values. We must keep in mind that our membership in this great country is not based on the colour of our skin, the language we speak or the people we love, but on the values we share.

Fortunately, the Senate is not frozen in time. The reform initiated, which entails non-partisan nominations based on the merit of candidates, aims to fundamentally strengthen its independence. I inscribe myself fully in this initiative.

It will enable the Senate to adapt in accordance with ever-changing political realities and to ensure its legitimacy endures in the eye of the public and of future generations.

In conclusion, we have to agree that being one of the 105 Canadians chosen to sit in the Senate is in itself an immense privilege. However, we all know that it would not be possible to devote ourselves to this public commitment without the love and generosity of our loved ones. I can never express enough my gratitude, appreciation and love to my wife Michèle, who has been by my side for 40 years now. Her work as a federal judge, which she has carried out brilliantly for 25 years now on the Quebec Superior Court, hasn’t always fit in easily with my life in active politics. Her obligation to keep a low profile meant that we weren’t able to spend a great deal of my elected life together. However, I knew she was always there, close to me, like a quiet force, a reassuring presence, an unfailing ally. She is still there today. Michèle, you are the love of my life.

We are blessed to have our daughters Elizabeth and Caroline, and now our granddaughters Jeanne and Madeleine, brightening our lives. It’s generally said that apples don’t fall very far from the tree. If that’s the case, like their mother and grandmother, they are and will become formidable women. Together, they allow me to fulfill my potential. I’m delighted to share my life with you.

Thank you very much. Meegwetch.

Hon. Senators: Hear, hear!