Remarks of the Honourable Michael H. Tulloch Chief Justice of Ontario
Opening of the Courts of Ontario. September 23, 2024.
It is an honour to preside over this special sitting of Ontario’s three courts and it is a privilege to be able to do so with my esteemed colleagues, The Honourable Geoffrey Morawetz and The Honourable Sharon Nicklas.
At the outset, I want to specifically thank and acknowledge colleagues, Associate Chief Justice Michal Fairburn, Associate Chief Justice Faye McWatt, Associate Chief Justice Aston Hall, and Associate Chief Justice Jeanine LeRoy, as well as all the Regional Senior Justices, and our judicial colleagues from the Court of Appeal, the Superior Court of Justice, and the Ontario Court of Justice. You all shape and influence the leadership of our courts, and your unwavering dedication is deeply respected and valued.
It is thanks to your tireless commitment that the courts are held in the highest regard, in this province, nationally and internationally.
Most judges and several members of the bar have attended many Opening of the Courts ceremonies. However, for some, this is their first time attending in person and online, especially articling students and law clerks. So let me extend to each of you a special welcome and take a moment to explain the significance of this event, acknowledge many colleagues who I stand with here today that have contributed to our way forward, and celebrate our many accomplishments.
The “Opening of the Courts” is an historic occasion. Once a year, judges from all three levels of courts come together to reaffirm our commitment to a strong and independent judiciary; to redouble our promise to enrich and enhance public confidence in the administration of justice; and to reassert our pledge to uphold the rule of law for the people of Ontario.
Simply put, we do not do this alone. We gather together alongside the Attorneys General, members of the bar, and the public to underscore the openness of the courts and to emphasize that these courts do not belong to us. We are their stewards, with a duty to serve the public. First and foremost, we are a people centred court.
As judges we know that no matter what courthouse we sit in, our goal is to provide timely, and fair justice—a responsibility we take seriously. We must work together to achieve this goal, whether it is with our government partners or as justice system participants – judges, lawyers, paralegals, and court staff. We all share a solemn duty to work collectively to improve our justice system and increase access to justice for the people of Ontario and Canada.
Yet, it can still be said that the people of Ontario are well served by our court system. This is due, in large part, to the collaborative ways in which the two levels of government work with the courts, funding and providing for court operations and working diligently to appoint new judges as vacancies arise. A relationship of mutual respect makes certain that these responsibilities are met in a manner that confirms the constitutional guarantees of court autonomy and judicial independence are upheld.
In this context, I want to acknowledge the work of the Minister of Justice, Arif Virani, represented today by the Minister’s Parliamentary Secretary, James Maloney. The Minister of Justice deserves credit for substantially reducing the number of vacancies at the Superior Court of Justice and the Court of Appeal. This achievement also reflects the impressive work of the province’s three Judicial Appointment Advisory Committees, which have introduced new efficiencies to their process for evaluating judicial applications and eliminated a backlog of 180 applicants. These committees have been responsive to operational suggestions made by me and others, developing new practices and procedures that I understand are being replicated nationally.
Although it is critical that judicial appointments are made promptly, the administration of justice would grind to a halt without the hard work and commitment of our court staff. To these skilled and devoted civil servants, I would like to personally express my gratitude for their ongoing dedication and professionalism. I want all of you to know that each day I walk through the doors of our courthouses I know they could not function without you.
In this regard, I would also like to acknowledge and thank the Attorney General of Ontario, Doug Downey, who we are honoured to have with us today. He has worked closely with the government and the courts to address staffing concerns and was instrumental this past year in securing 200 much needed new front line and support positions for our courts.
I also want to extend a special welcome to the newly elected Treasurer of the Law Society, Mr. Peter Wardle, and to all the Legal Associations that are present with us here this afternoon. We value our relationship with the Law Society and the various representative associations. We thank you for the very important role that you play in improving the administration of justice in the province and working with our courts collaboratively to advance the administration of justice and court operations.
Finally, members of the profession, both lawyers, and paralegals, deserve our sincerest appreciation. You are often the public’s first point of contact with the justice system as advocates and confidantes. We witness your work every day in courtrooms across the province, and we are deeply grateful for the invaluable service you offer to the people of Ontario.
This past judicial year has been a transitional and eventful one in many ways. Sadly, we saw the passing of one of this country’s legal icons, The Honourable Roy McMurtry, who passed on March 18, 2024. He was one of the most respected and memorable leaders in our justice system, both here in Ontario, as well as on the national stage. Roy was a former Attorney General, Chief Justice of the Superior Court and Chief Justice of Ontario, a position he held until his retirement from the bench in 2006.
This past year, the Court recognized the retirement of its two most senior judges: Justice David Doherty and Justice Kathryn Feldman. Earlier this year, the Court had the opportunity to publicly celebrate their eminent careers. More recently, Justice Mary Lou Benotto retired from her own distinguished career on the bench. It is my distinct honour to announce that an annual award will be established in her name for outstanding achievements in the field of family law, an award which recognizes her own significant accomplishments and leadership in this area of law.
The Court is greatly indebted to these three colleagues for their contributions and collegiality. They have left an indelible mark on the fabric of this Court, as well as on the jurisprudence of this country. All three will be greatly missed.
We have no doubt that the judicial legacy that our former colleagues have built and have left us will continue to flourish thanks to the contributions of our existing and new colleagues.
The Court is in a time of institutional renewal and transition, with the addition of five judicial colleagues this year, each of whom is a distinguished jurist in their own right. Our newest colleagues are Justices Sally Gomery, Jonathan Dawe, Darla Wilson, Lene Madsen, and Renee Pomerance.
These colleagues come from diverse backgrounds and collectively provide a broad range of experience that will strengthen our Court and the administration of justice as a whole.
With the appointment of these outstanding members, I am extremely pleased to report that the Court of Appeal is now at its full complement, a critical milestone achieved for the first time in years.
In the coming weeks, the members of the Court of Appeal will travel to Ottawa. As we did in Windsor last year, the Court will meet with members of the local bench, bar, and law school. Our visit to Windsor helped strengthen communication and collaboration with the legal community in southwestern Ontario. The trip to the nation’s capital and Ontario’s second largest city has the same objectives, as we will share information with and learn from colleagues in eastern Ontario.
In the coming year, the Court of Appeal will continue its modernization journey, launching an e-portal, an online filing and payment system for the Court.
In addition to improving the efficiency of the Court and reducing processing times, the new e-portal will enhance access to justice, making communicating with the Court easier, especially in a time when people expect to do just about everything from their phones and laptops, regardless of the time of day or night.
The e-portal will seamlessly connect with our new internal records management platform, which has itself been a model for the important work being done to modernize case management in the Ontario Superior Court of Justice and the Ontario Court of Justice.
Modernization of this kind helps to break down barriers and increase productivity, creating a more effective and efficient court system making it easier for everyone to conveniently file materials with the courts. I am grateful to Peter O’Keefe and the staff of the Courts Technology and Transformation Division at the Ministry of the Attorney General for their assistance and partnership in launching this latest stage of the Court’s technological modernization.
In my first Opening of the Court’s speech last year, I committed to making justice more accessible, in part by transforming the courts to better serve their communities.
I am proud to note that the Court of Appeal this year completed a major renovation to one of its courtrooms to make it one of Ontario’s most accessible court spaces. Using state-of-the-art technology, the courtroom is designed to meet many individualized needs for people with varying abilities. Among its many features, there is a wheelchair accessible dais and adjustable counsel tables and court staff stations. The courtroom technology is also adaptable to accommodate users with a broad array of visual and auditory needs.
Province wide accessibility is also being enhanced by installing improved video technology in courtrooms to better accommodate remote and hybrid hearings. During the pandemic, we learned much about remote hearings. While not ideal in all circumstances, they can provide access to justice, particularly for routine procedural matters, and for people in remote communities. New video equipment being installed at the Court of Appeal and other courtrooms across the province in partnership with the Ministry will also advance the quality of these hearings.
Of course, it is essential that our buildings remain accessible and fully operable. Many people, including myself, were understandably concerned with the plans to construct a subway station on the lawn of Osgoode Hall. I am pleased to announce that a Memorandum of Understanding has been signed, establishing strict construction protocols and mitigation measures to avoid disruption to court operations throughout the duration of the project. The Memorandum, agreed to by the Offices of the Chief Justices, Metrolinx, Infrastructure Ontario, and the Ministry of the Attorney General, with the acknowledgement and support of other related ministries, provides detailed standards and assurances to ensure that court operations will not be disrupted and physical access to the courthouse will remain unimpeded. I am grateful to the courts’ representatives and all of the parties to the Memorandum for the work they have done to secure this unique agreement and for their ongoing cooperative efforts to assure the courthouse operations remain uninterrupted during this time.
To be truly and fully accessible and maintain public confidence, it is also essential to improve public awareness and understanding of the legal system. This can begin with school aged-children and extend to general public education. We must make sure these efforts engage and recognize the contributions of the many diverse and multi-lingual communities we serve, including people of all races, gender, sexual orientation, religion, and viewpoints. And we must also ensure that they are responsive to Ontario’s Franco-Ontarian community, which is the largest French-speaking community of any province outside of Quebec.
I am heartened by many of the efforts occurring in this area. One group that continues to stand out in this regard is the Ontario Justice Education Network. This organization was one of the many initiatives launched by the late Honourable Roy McMurtry. It was started with the support of other leaders in the justice system, including the Honourable Brian Lennox, who is here today. OJEN continues to be a leader in this realm by providing educational opportunities for high school students, including many collaborative efforts, such as moots, mock hearings, and seminars that involve the participation of judges and staff members of the courts. Next week, we will commemorate the National Day for Truth and Reconciliation, which is an opportunity for all of us to honour the children who never returned home and Indigenous Survivors of residential schools, as well as their families and communities. I would like to express my thanks to the Law Society of Ontario and its Indigenous Advisory Group for the publicly- accessible program they hosted just last week to commemorate this day and educate lawyers and the public on reconciliation with Indigenous peoples.
Law enforcement officials are also involved in similar activities. Earlier this month, I was invited by the York Regional Police to visit a Children’s Safety Village, where police and other EMS workers teach children rules about public safety, increasing knowledge of basic safety rules and laws, while increasing comfort and awareness of police and other emergency service workers.
And at Osgoode Hall, thousands of members of the public visit the Courthouse and the Law Society annually during Doors Open Toronto. This past year, I attended this event with other judges from our Court, as members of the public were invited to freely ask us questions about the justice system. We need to engage in more efforts like this to demystify what we do and provide greater awareness of the broader justice system. This, too, is part of the journey we must make to modernize our justice system.
As we open the courts this year, I am confident in the work that we are doing to advance the justice system. I am optimistic that the next steps in our journey as a court will bear tremendous fruit. And with this, I am encouraged by the willingness of our various collaborators to roll up their sleeves and work together to achieve meaningful and equitable justice for all Ontarians. And I am emboldened by the desire – on everyone’s part – to build a legal system that is and remains a robust world class system.