SCC Historical Visit: Part #2 – The Supreme Court of Canada Blazes a New Trail in Winnipeg

by Alissa Schacter
Equity Officer and Policy Counsel, The Law Society of Manitoba

The country’s highest court exhibited boldness and initiative in its decision to sit outside of Ottawa for the first time in its 145-year history. Winnipeg had the great honour of hosting the nine Supreme Court judges during the last week of September.

The justices took up temporary residence in the Manitoba Court of Appeal. In addition to hearing a criminal and civil appeal, they had a jam packed schedule, which included meeting local high school students and law students, attending a reception with Mayor Bowman, hosting a Q&A event for the public at the Canadian Museum for Human Rights, attending a presentation of sacred eagle feathers to the Manitoba courts, meeting with representatives of First Nations, Métis, and Francophone communities as well as with Executive members of the Law Society and Manitoba Bar Association. Chief Justice Richard Wagner even managed to make time to drop the puck at a Jets game. The justices were the guests of honour at a gala dinner attended by approximately 800 members of Manitoba’s legal profession. They mingled with the crowd in the packed foyer of the Convention Centre and played musical chairs, doing an admirable job of rubbing elbows with as many members of the bar as possible. Throughout the week, there was a palpable excitement in the air within the legal community, as their presence carried an aura of celebrity. Even beyond the legal community, many people took a keen interest and attended the hearings and the public events, which was exactly the point of the Court’s visit.

The Winnipeg visit was part of a broader commitment the Supreme Court has made to access to justice. The court has established an active presence on Twitter and Facebook, and in March 2018, it began posting plain language case summaries on its website. All of these initiatives are intended to help the public better understand the role of the Court and its decisions. As the Supreme Court presides over cases involving some of the most important social policy issues of our time, from same sex marriage and the right to assisted dying to delineating Indigenous rights, it has a hand in shaping Canada’s social fabric. It is imperative that the Canadian public understand the function of the Court so that they have confidence in our justice system. This is critical at a time when people increasingly obtain news and information in easy-to-digest nuggets via diffuse social media platforms, not all of which are reliable.

When the nine esteemed Supreme Court jurists hailing from around the country travelled to Winnipeg and spent the week meeting with a cross section of the legal and broader communities, they revealed their personalities, their senses of humour, their genuine curiosity about the local community and of course, their humanity. They put a human face on the Supreme Court and sent a powerful message that the Court wants to understand the people it serves and make itself more transparent and accessible to them. It also demonstrated the Court’s awareness of its need to adapt to the changing context in which it operates and to modernize its approach.

As in most endeavours, you create trust by fostering greater mutual understanding and building relationships. That is exactly what the nine judges did during their time in Winnipeg. Canada’s Supreme Court has long been venerated around the world. When the Court left its grand building on Wellington Street to head west to the Prairies, it also increased its profile and esteem among Canadians.

SCC Historical Visit: Part #1 – Manitoba Courts Adopt Indigenous Tradition in a Week of Memorable “Firsts”

by Alissa Schacter
Equity Officer and Policy Counsel, The Law Society of Manitoba

The last week of September marked a couple of notable “firsts” for Manitoba’s legal community. The Supreme Court of Canada sat in Winnipeg, marking the first time it has ever sat outside of Ottawa in its 145 year history. In another milestone, Manitobans can now testify in court by holding an eagle feather to signify the truthfulness of their testimony rather than swearing on a Bible or affirming their promise to tell the truth.

On September 26, forty-five eagle feathers were blessed in a sunrise smudging ceremony at Oodena Circle at the Forks and then presented to a joint sitting of the Manitoba Court of Queen’s Bench and Provincial Court in the afternoon. The afternoon ceremony was attended by Indigenous elders, the Supreme Court judges and numerous judges from Manitoba’s Court of Appeal, Court of Queen’s Bench, and Provincial Court, Masters and Judicial Justices of the Peace, as well as members of the RCMP. Some of the attendees danced in their seats to the powerful sounds of Indigenous drumming and singing, which lent the court proceeding a ceremonial air. Elder Ed Azure shared a teaching about the significance of the eagle feather in Indigenous culture: since eagles are able to fly to great heights, close to the heavens, they are regarded as a “messenger from our maker” and their feathers represent honour, achievement, bravery, truth, clarity and service to others. Chief Justice Glenn Joyal and Chief Judge Margaret Wiebe both addressed the court and talked about this (incorporating the eagle feather into court proceedings) as one step on the court’s journey toward reconciliation.

Following the ceremony, the Law Society sponsored a reception in the Great Library and a tribute was made to a special guest in attendance, Marion (Ironquill) Meadmore, the first Indigenous woman to graduate from law school in Canada. She graduated from the University of Manitoba’s Faculty of Law in 1977.

It was a moving ceremony that marked the ground breaking step of incorporating an Indigenous tradition into Manitoba’s justice system.

Supreme Court of Canada in Winnipeg

If you are a regular reader of the Law Society of Manitoba’s newsletter, Communiqué, you’ve probably seen the notice at the back of each issue saying “Save the date”. We’ve known Chief Justice Wagner would be visiting and speaking, but what was just released on May 14th is news that the entire Court would be sitting in Winnipeg. As an SCC fangirl, this is exciting news.

What it means for the library is we will be closed September 25th and 26th to visitors, but we will aim to have remote delivery of services to members. As it gets closer to the date, we will send out notification regarding how you can reach us.

For more information on the SCC visit, here’s a link to the Winnipeg Free Press article (may require a subscription for access).

New Book Display: Manitoba Resources

The Great Library has been hosting a student from the Library and Information Technology program at Red River College for the past two weeks. Artemis Hedrich is in the final few months of the program, and this was an opportunity for her to see how a law library works. With help from legal information professional Allyssa McFadyen, she put together a display on the many resources of Manitoba law that are available both here at the Great Library and online.

Titles in the display

  • Chief Justice Samuel Freedman: A Great Canadian Judge by Cameron Harvey
  • Manitoba Law Journal | 2017 Volume 40 Number 3 | Criminal Law edition
  • The Manitoba Gazette | 2013 PT. 1- 52
    – print copies between 1901-2013
  • Manitoba Regulations | 1/2017 – 171/2017
    – print copies between 1946-2017, online access to current
  • Judicious Restraint: The Life and Law of Justice Marshall E. Rothstein, general editors Lisa M. Kelly, and Ivo Entchev.   *New*

This collection of papers dedicates itself to the legacy of The Honourable Justice Marshall Rothstein, who became a judge of the Supreme Court of Canada in 2006 and retired in 2015.

Featured in the display

Behind the Member’s Portal

Available OpenAccess

Upcoming CPD Events from the Law Society of Manitoba:

WEBINAR
Privacy Please
New Mandatory Breach Reporting Requirements under PIPEDA
March 20, 2019    │   12:00 pm  to  1:00 pm
Webinar Only ~ No in-person attendance
REGISTRATION FORM

WEBINAR
Top 10 Things Every Lawyer Should Know – Criminal Law
April 17, 2019    │   12:00 pm  to  1:00 pm
Webinar Only ~ No in-person attendance
REGISTRATION FORM

Supreme Court of Canada on Impaired Driving

Keeping to yesterday’s theme on Criminal Law and Impaired Driving resources, the SCC recently released a couple of decisions on driving under the influence. 

From Supreme Advocacy Issue #61’s “Supreme One-Liners”: 

R. v. Gubbins2018 SCC 44 (37395) (37403)

Maintenance records of breathalyzers subject to third party disclosure regime.

R. v. Awashish2018 SCC 45 (37207)

Certiorari an extraordinary remedy, available only in narrow circumstances.

The full summary from Supreme Advocacy is available here. You can sign up for a free subscription to Supreme Advocacy here