More work needed to ensure timely justice, departing Beverley McLachlin says
Canada’s retiring top judge says more must be done to ensure the justice system is accessible to everyone in a timely way — and Beverley McLachlin hopes she will continue to play a part in the reform process.
McLachlin steps away from the Supreme Court after 28 years — including almost 18 as chief justice — and more than 2,000 cases on everything from assisted dying to interprovincial trade.
She reflected Friday on the work of the court in the post-Charter of Rights and Freedoms era and her belief that the justice system belongs to the public.
“I hope that I’ve tried to make it more open and reassure Canadians that the courts are their courts and that we the judges who serve on those courts are all dedicated to providing better justice for Canadians,’’ she said during a news conference.
A landmark 2016 ruling from the high court defined time limits for completing criminal trials, but McLachlin says more must be done to address delays and costs that pose barriers.
“I believe that access to justice, being able to use the justice system, is something that every Canadian is entitled to.’’
The federal justice minister, attorneys general from across the country and judges are focusing on the problem and making changes, she said.
McLachlin is impressed with smaller efforts, such as more readily available information on the legal process and discounted legal services to help people navigate the system.
“There is much being done, and there’s much more we can do. And I’m hoping that when I retire I can continue in some way to push this project of access to justice, and making justice more accessible to all women, men and children in Canada.’’
At a gala sendoff Thursday night, McLachlin was toasted by former governor general Adrienne Clarkson, former prime minister Brian Mulroney — who appointed her to the high court — and Prime Minister Justin Trudeau. Notably, but perhaps not surprisingly, absent was Stephen Harper, who publicly tangled with the court during his time as prime minister.
In a statement, Trudeau said McLachlin, the eldest of five siblings raised in rural Alberta, remained grounded and downto-earth despite a meteoric rise through the judiciary.
“She understood that the law had to be meaningful and accessible to Canadians and demonstrated this through judicial decisions written in clear, understandable language.’’
McLachlin demurred Friday when asked about her legacy, but said she tried to uphold the law in a responsible, pragmatic way for the people whose lives it touched.
Her impact could be felt for a while yet.
Though McLachlin officially retired Friday, she will have a say on judgments in cases she has heard, as long as they are released by June 15. If any come out after that date, the judgment will note that she had no input into the decision.