Against the backdrop of efforts by the Trump administration to obtain concessions from certain major U.S. law firms by threatening their businesses, Law360 Canada asked Canada’s top judge, who was once a senior Montreal litigator with Lavery, de Billy, a hypothetical question: Can law firms, who face what they see as illegal and coercive attacks from the executive branch of government — attacks that jeopardize their business interests and possibly even their survival — ethically decide to bend their knee to the government’s demands, based on the firms’ business interests? Or do law firms have an overarching professional obligation to resist what they see as the government’s illegal moves against them that pose larger risks to the bar’s independence, the rule of law and democracy?
(By way of example, U.S. law firm Paul, Weiss cut a controversial deal with the White House in 2025, reasoning that if it did not meet the government’s demands, the consequences of a Trump executive order, which barred Paul, Weiss from federal buildings and contact with federal officials, could have driven the firm out of business. A number of other law firms made similar concessions to the White House, but some, like Jenner & Block and Perkins Coie, opted to fight instead, winning recent court orders striking down Trump’s executive orders against their firms.)
Chief Justice of Canada Richard Wagner
Canadian lawyers, as officers of the court, have the “responsibility and obligation” to support judicial independence “in any ways in which they are involved,” the chief justice said.
“I cannot provide you with a specific answer to a specific case,” he remarked. “But in general, I would tell you that just like other stakeholders in society, the lawyers have a special status as being an officer of the court to support judicial independence and the rule of law, that’s for sure, and the … independence of the bar, of course.”
In his introductory remarks at the June 10 Ottawa news conference, Canada’s top judge noted that “in this country, the rule of law is non-negotiable.”
“While Canada is not a superpower in the traditional sense of the word, it is a democratic superpower,” Chief Justice Wagner said.
“Throughout the world, autocratic regimes are attacking the media, judicial powers and national institutions,” he said. “Canadians are seeing this regression in democracy and are wondering if that could happen here.”
The chief justice said that, in his view, Canada’s constitutional democracy is solid. For 150 years, the Supreme Court of Canada has interpreted the Constitution and shaped Canada’s legal landscape. “Since 1982, it has guaranteed people’s rights and freedoms, according to the Charter, and to this day, the court ensures that the rule of law is not just a legal principle, but the bedrock of our democratic society,” he observed.
Canadians can have confidence that their courts “remain steadfast guardians of the rule of law, resilient in the face of new challenges, and unwavering in their commitment to upholding the rights and freedoms of all Canadians,” he advised.
This begins with the way judges are appointed.
“In Canada, the federal judicial appointment process is open, transparent and non-partisan,” the chief justice remarked.
Commenting on the longtime problem of chronic judicial vacancies and delayed appointments, Chief Justice Wagner said he was delighted to see Ottawa’s approximately 75 per cent reduction of federal judicial vacancies over the past year and a half.
“That is great progress and I hope it continues,” he observed. “Every timely appointment supports more efficient justice for Canadians.”
Asked by a CBC reporter whether he is concerned that the Trump administration’s disparagement of individual U.S. judges and its calls to impeach those with whose decisions it disagrees, along with its disregard of some court orders, will bleed into Canada, the chief justice said he would not comment on a specific country.
“There is no doubt that the rule of law and … judicial independence is under attack in many countries in the world,” he reflected. “When you see governments attacking the media, attacking the judges, attacking the lawyers, and universities, of course that means that there is a good chance that you are in front of a dictatorship, autocratic government. But there are many places in the world living through those events right now,” he remarked.
“We have to defend our courts, and we should not take anything for granted,” he urged. “But I think we should be optimistic. I think the main stakeholders in Canada respect separation of powers, respect judicial independence, and are happy to live in a country where the rule of law will prevail. Everybody is equal under the law.”
The chief justice was asked to give his take on Ontario Premier Doug Ford’s recent public comments following a court decision with which the premier disagreed. (Ford called some judges “bleeding hearts,” judicial independence “a joke,” and for the election of judges to make judges more accountable.)
Chief Justice Wagner replied he “entirely” supports the April 30, 2025, public statement that was put out by the three chief justices in Ontario. The chief justices’ statement underscored that an “independent judiciary protects the public, not just judicial officials. … It means a society governed by the rule of law.”
Asked for his view on disinformation, Chief Justice Wagner said it is harmful and has been increasing significantly, particularly on social media. As far as court decisions are concerned, Canadians need to understand what they mean and their impacts. The Supreme Court and other courts have been working for years to assist in this regard, he said.
“There is no magical solution to disinformation. There’s a series of measures that we can take on, in order to share the right information, to show transparency, because we have nothing to hide. We have great institutions in Canada, and they need to be better known.”
The chief justice said the sharing of disinformation changes the meaning of reality and damages trust. “Trust is fragile. Trust is earned,” he observed. “And in order to earn trust, people need to understand their institutions, and we need to be transparent. And if we’re transparent, we will be able to gain trust,” he opined. “That is why we are fighting so hard to facilitate access to information and decisions.”
Remarking that the cost to renovate the Supreme Court of Canada’s iconic Art Deco building has gone beyond $1 billion, a Globe and Mail reporter asked the chief justice how much the project will cost and what justification is there for such a large expenditure.
The chief justice replied that government officials have told him the court will move to its temporary headquarters and courtroom in Ottawa’s renovated West Memorial Building in June 2026, to operate there while the Supreme Court of Canada’s building is refurbished.
“I understand that nothing was done since the construction, really, between 1939 and 1945,” the chief justice said. “So, I’m not surprised that it would take a lot of money. To what extent, I don’t know,” he said, adding that the question should be directed to government officials.
The chief justice noted that the hearing date has not yet been set for the high-profile constitutional challenge to Bill 21 — the Quebec law that prohibits certain public workers from wearing religious symbols while performing their duties.
However, by September 2025, the court will know who is participating in the hearing. There are about 40 requests to participate in the appeal, which will likely be set to be heard over three days, he disclosed.
The chief justice said that on Oct. 6, 2025, the Supreme Court of Canada will also mark the opening of the court for the first time in decades, reviving a tradition that fell into disuse after the 1980s. The special session of the court will be an opportunity to meet and speak on issues facing our justice system, said the chief justice. The judges will also be wearing new outfits.
The chief justice also announced that in 2027, the Supreme Court of Canada will sit in Halifax, as it pioneered in Winnipeg in 2019 and followed up in Quebec City in 2022.
Photo of Supreme Court of Canada Chief Justice Richard Wagner by Cristin Schmitz.
If you have any information, story ideas or news tips for Law360 Canada, please contact Cristin Schmitz at cristin.schmitz@lexisnexis.ca or call 613-820-2794.