In an era when democratic institutions face mounting challenges worldwide, Canada’s Chief Justice Richard Wagner delivered a powerful address yesterday emphasizing how judicial independence and the rule of law serve as critical safeguards against autocracy. Speaking at the Canadian Bar Association’s annual conference in Ottawa, Wagner highlighted the increasingly fragile nature of democratic systems globally and Canada’s responsibility to preserve its constitutional foundations.
“Democracy is not self-sustaining,” Wagner told the packed auditorium of legal professionals. “It requires constant vigilance and protection, particularly in times when populist movements increasingly challenge established democratic norms and institutions.”
The Chief Justice’s remarks come amid troubling global trends, with the Democracy Index reporting that only 6.4% of the world’s population currently lives in full democracies—a figure that has declined steadily over the past decade. Canada, while maintaining its position among leading democratic nations, faces its own challenges in preserving judicial independence and public trust in the legal system.
“What separates functioning democracies from autocracies is not simply the presence of elections,” Wagner explained, “but rather a robust system of checks and balances where courts can make decisions free from political interference, even when those decisions may be unpopular with the government of the day.”
Wagner particularly emphasized the Supreme Court’s role as guardian of the Canadian Charter of Rights and Freedoms, noting several recent high-profile cases where the Court has ruled against government positions. “These decisions demonstrate that in Canada, no one—not even the government—is above the law,” he said.
Legal experts attending the conference reinforced the significance of Wagner’s message. Professor Emmett Macfarlane of the University of Waterloo told CO24 News that “the Chief Justice is essentially sending a warning that democratic backsliding can happen anywhere if we become complacent about our institutions.”
The address also touched on growing public skepticism toward experts and authorities—including the judiciary. Wagner acknowledged this challenge directly: “Public confidence in the courts cannot be taken for granted. We must continuously earn that trust through transparency, accessibility, and decisions firmly grounded in the law rather than personal preference.”
Recent polling by the Angus Reid Institute shows concerning trends, with only 62% of Canadians expressing strong confidence in the Supreme Court—down eight percentage points from five years ago. This decline mirrors similar trends in public trust toward other democratic institutions.
The Chief Justice outlined several initiatives the Supreme Court is undertaking to counter this erosion of trust, including increased digital accessibility of court proceedings, plain-language summaries of decisions, and expanded public education programs about Canada’s legal system.
Former Supreme Court Justice Rosalie Abella, who attended the speech, later commented that Wagner’s message couldn’t be more timely. “What we’re seeing globally is that the transition from democracy to autocracy often begins with attacks on judicial independence,” she told CO24 Politics. “The Chief Justice is right to sound the alarm now, before we face a genuine constitutional crisis.”
Wagner concluded his remarks with a direct appeal to Canada’s legal professionals. “Defending the rule of law isn’t solely the responsibility of judges. It falls to every lawyer, law student, and citizen who values living in a society where rights are protected and power is constrained by law.”
As Canada navigates increasingly complex political and social divisions, Wagner’s address raises a critical question for our nation: Can we maintain our commitment to judicial independence and the rule of law when faced with growing populist pressures that often view these principles as obstacles rather than pillars of democracy?
