Thank you, Minister.
Madam Chair, members of the committee, Minister, good morning.
It was a great honour for me to act for a second time as chairperson and member of the Independent Advisory Board for Supreme Court of Canada Judicial Appointments. It is also an honour for me to testify before your committee this morning.
I'm here as chair of an impressive, hard-working and dedicated group of Canadians who served with me as members of the independent advisory board for nominations to the Supreme Court of Canada.
The other seven members of the advisory board are the following:
The Honourable Richard Chartier, former Chief Justice of Manitoba, who was designated by the Canadian Judicial Council; Bianca Kratt, from Calgary, who was designated by the Canadian Bar Association;
Erin Kleisinger of Regina, nominated by the Federation of Law Societies of Canada; Georgina Gina Nagano of Dawson City, nominated by the Minister of Justice; Carol Anne Lee of Vancouver, nominated by the Minister of Justice; Reem Bahdi, University of Windsor, nominated by the Council of Canadian Law Deans; and Jean Teillet of Vancouver, nominated by the Indigenous Bar Association.
The members of the independent advisory board all brought to our work a background of professional accomplishment and a vast array of experience, as well as regional and community and national perspectives. What's more, they brought a profound commitment to the rule of law, the institutional significance of the Supreme Court of Canada and the best interests of our country.
We worked diligently with considerable commitment of time and priority, and we enjoyed working together.
The Advisory Board's mandate is to find qualified candidates for an appointment to the Supreme Court of Canada. Candidates must be high-caliber jurists, functionally bilingual and must also represent Canada's diversity. For this appointment, the process was open to candidates from Western Canada and Northern Canada. The ultimate task of the Advisory Board was to present a report including a limited list of highly qualified people to the attention of the Prime Minister.
The advisory board benefited from very helpful insight and wisdom of the Right Honourable Richard Wagner, Chief Justice of Canada, who was host to our advisory board on a visit to the court early in our process.
As called for by paragraph 8(e) of the advisory board's terms of reference, Chief Justice Wagner spoke to us about the institutional needs of the court and the role and demands of a Supreme Court Justice. He also led us on a tour of the court's conference and hearing rooms.
Throughout our work, the advisory board was exceptionally well supported by the Commissioner of Federal Judicial Affairs and his accomplished and dedicated staff.
When it comes to filling a position on the Supreme Court of Canada, the first task is to get the word out. Normally, there will be ample notice of a pending opening in situations where a member of the court is approaching the retirement age of 75, as has been the case for three of the four most recent Supreme Court appointments. The vacancy to be filled by this nomination was created by the resignation of former Justice Russell Brown on June 12, 2023.
The process to nominate a new Supreme Court justice was set in motion on June 20, 2023, with a call for candidates from western or northern Canada to submit a completed application no later than July 21.
The membership of the independent advisory board was announced on August 11. The advisory board had its first meetings in Ottawa on August 15 and 16, and we submitted our report to the Prime Minister on September 8.
This was an intensive process that called for much discernment and humanity in addition to dedicated preparation and time commitment. This is the case for the candidates, of course, as well as for members of the advisory board.
The application submission deadline was July 21. We were impressed that there were 13 applications. Bear in mind that this was in the fullness of summer. This compares with 12 applications leading to the most recent Supreme Court nomination in 2022 and 14 applications for the opening that led to the nomination of Justice Sheilah Martin in 2017.
The Advisory Board chose to invite four people to an extensive interview. The candidates could take up to an hour to answer questions about their experience, their points of view and their commitment to sit on the Supreme Court of Canada. The Advisory Board was particularly interested in the candidate's approach to collegiality, workload at the court and matters of integrity, diversity and judgment.
Our list of assessment criteria included superior knowledge of the law, superior analytical skills, ability to resolve complex legal problems, ability to work under significant time pressures requiring diligent review of voluminous materials in any area of law, and commitment to public service.
The personal qualities assessed include irreproachable personal and professional integrity; respect and consideration for others; the ability to appreciate a diversity of views, perspectives and life experiences, including those of groups historically disadvantaged in Canadian society; moral courage; discretion; and open-mindedness.
All candidates interviewed were functionally bilingual. The interviews were conducted in both languages. Immediately following the interview, each candidate participated in an assessment conducted by the Office of the Commissioner for Federal Judicial Affairs to ascertain their understanding of written and oral arguments, as well as to determine the candidate's ability to speak in both official languages.
A report including candidates' assessment scores was provided to the independent advisory board. The independent advisory board pursued up to seven references for each candidate interviewed. In addition to the names provided by the applicant, the IAB approached other highly qualified individuals. All interviews were on a strictly confidential basis. The interviews were conducted by advisory board members, who spoke directly to the referees and followed a consistent format. From the beginning of this process to the end, there has been total respect for the need for confidentiality.
The process entails considerable study, discernment and detailed consideration over the space of less than five weeks. Without the total dedication of IAB members, including flexibility in scheduling, and the expert support of the Office of the Commissioner for Federal Judicial Affairs, this would be exceptionally challenging. Notwithstanding the compressed time frame, the advisory board carried out its mandate with the diligence, collaboration, and settled judgment that this important process requires.
In the end, following much deliberation and discernment, the settled and unanimous judgment of the Independent Advisory Board was that we should provide the Prime Minister with a short list of two candidates of exceptional qualifications and experience. I am pleased to confirm that Justice Mary Moreau has been selected from that short list.
I will conclude with two remarks.
First, this process has resulted in the nomination of Justice Mary Moreau, a highly qualified jurist who brings many gifts and talents and decades of experience to the Supreme Court of Canada.
Our advisory board was told that it would be an advantage to have a justice with extensive trial court experience and expertise in criminal and constitutional law. I note that Justice Moreau brings both, with almost 30 years of judicial service, including as chief justice. Prior to her appointment to the bench, most of Justice Moreau's experience as a practising lawyer comprised criminal defence work, including legal aid, and constitutional and language rights litigation.
I also note that following the appointment of Justice Moreau, the Supreme Court of Canada will have a majority of female justices for the first time. That is a strong indication that we are making progress in creating an environment of encouragement and inclusion whose effects extend beyond the Supreme Court and even the country.
Among Justice Moreau's numerous contributions, note that she played a key role in international judicial education and strengthening institutions.
My final remark is to say that it has been a truly uplifting experience to serve as chair of the independent advisory board. It has been the opportunity of a lifetime to work with seven other members of the IAB and our supporting team. We would all say that we treasure the collaboration, the diligence and the humanity that we have shared. It has been uplifting to get to know all of the candidates who have come forward for this position.
We're extremely fortunate in this country to have a widely shared respect for the rule of law and for the Supreme Court of Canada as an institution. We are fortunate to have people of exceptional calibre who contribute in so many ways and in so many capacities to ensuring that this is the case and ultimately to serving Canadians. The opportunity to appear before this committee today reinforces those values.
I look forward to your questions. Thank you.