“For the first time in the history of our country, the majority of judges sitting on the Supreme Court are now women,” federal Justice Minister Arif Virani said, calling the watershed appointment by Prime Minister Justin Trudeau “remarkable.”
(It is not surprising, however, given that women make up half the judicial complement of superior trial and appellate courts, as well as the majority of bar admissions and their number is nearly on par with men within the practising bar: 52,000 v. 58,000 in 2022, according to the Federation of Law Societies of Canada)
Justice Mary Moreau
Justice Moreau, who was called to the bar just two years before Justice Wilson’s “historic” appointment, has also been “a trailblazer throughout her career,” Virani observed. “Perhaps it inspired that young Albertan lawyer to dream a better future that was only limited by her own imagination and her own determination,” he said, highlighting Justice Moreau’s “very notable” role as successful counsel in the landmark minority language educational rights case of Mahe v.Alberta, [1990] 1 S.C.R. 342.
The fluently bilingual judge has “actually developed something of a hero status amongst French jurists across the country,” Virani remarked, because she was “at the forefront of advocating for the rights of official-language-minority communities.”
Federal Justice Minister Arif Virani
Bill Hendsbee, president of the Law Society of Alberta, told the audience of invited guests in the courtroom, including judges, lawyers and Justice Moreau’s family and friends, that “the entire Canadian justice system has been greatly strengthened by Mary's appointment, an intellectual force to be reckoned with, a truly inspiring Albertan.”
He called the former chief justice of the Alberta Court of King’s Bench “a kindhearted and approachable, steadying force in challenging times, a tireless worker with a strong independent streak, a connector and consensus builder with an overriding belief in the independence of the judiciary — Mary, you are all of this and so much more.”
Regina’s Erin Kleisinger, the president of the Federation of Law Societies of Canada who participated in the independent advisory board which handed the prime minister a two-name short list for the vacancy left by Justice Russell Brown, told the judge “it was evident from your application, and in your discussions with the advisory board, that you are a woman and jurist of exceptional talents. This appointment is a fitting recognition of your remarkable career, which is an inspiration to us all,” she said. “Your appointment has been greeted with universal pride, not only in Alberta and across the western provinces, but throughout the whole country. This is no small achievement.”
Explaining Justice Moreau was added unanimously to the board’s shortlist, Kleisinger cited the judge’s foresightedness, humility, great intelligence, perspicacious legal mind and quiet strength. “You're well known for your practical approach that you adopt to resolve legal problems,” she said. “Also during your 30-year career as a trial judge, your calm attitude has always been an example to follow and to guide advocates as well as your peers on the judiciary (translation).”
Dominique Hussey, president of The Advocates’ Society, said it is “a meaningful symbol at this moment in time” that women now constitute a majority of the bench. “However, I know both you and I look forward to a day when the appointment of women to positions of power is no longer considered to be remarkable,” Hussey said. “On the other hand, you are, and always will be remarkable.”
“You have shown excellence in the way in which you discharge your responsibilities and your dedication to a justice system, which will be just. equitable, accessible and effective,” Hussey said. “You're a supporter of diversity and inclusion. And you yourself are a model of civility, courtesy and collegiality (translation).
Hussey lauded the judge’s “unparallelled work ethic.”
“We see your excellence also in your compassion, and your deep understanding of the human side of your judgments,” she said.
Speaking last, Justice Moreau devoted most of her remarks to thanking, individually, many colleagues, friends and family who influenced and helped her in her life and career, including her fellow judges, law clerks and judicial assistants.
The judge, who has been working hard and hit the ground running by hearing a landmark two-day treaty rights appeal the day after she was official sworn in privately on Nov. 6, 2023, quoted the words of U.S. lawyer Wendell Phillips, a 19th-century abolitionist and social reformer, that “law is nothing unless close behind it stands a warm, living public opinion,”
“The passage of time hasn't eroded this observation,” remarked Justice Moreau, echoing former Chief Justice of Canada Beverley McLachlin’s description of public confidence in the judiciary “as a cornerstone of the rule of law.”
“To earn and retain the confidence of the public in our justice system, our laws must be respectful of human rights and be administered and interpreted through a fair, open, timely and accessible process by a competent, ethical, independent and impartial judiciary, and should reflect the diversity of the communities it serves,” said Justice Moreau.
She noted she is proud to be a member of the Supreme Court, which is making “great efforts” to demystify its work, and also to be among the women who make up the top court’s first majority of female judges since the Supreme Court’s creation in 1875.
Photo of Justice Mary Moreau: SCC Collection
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