The Busy Life of Wagner CJ

Vivian Cheng

An Interview with the Honourable Chief Justice of Canada Richard Wagner

The Faculty of Law had the honour of receiving the Honourable Chief Justice of Canada Richard Wagner for this year’s Grand Moot on October 3. Before the moot, Vivian Cheng sat down with Wagner CJ to talk about Carter v Canada, meeting Japan’s new emperor, and the importance of believing in oneself. Below is a transcription of the interview.

Ultra Vires (UV): Why did you pursue law? 

Richard Wagner (RW): It came naturally. I was 15 or 16 years old and looking around. I was attracted to the law, because my father was a lawyer too so I was raised in an environment where people were talking about the law, the practice of law, and so on. Because of that earlier interest, I kept looking for work in that area. I never had any doubts that [law] was what I wanted to do. More particularly, I wanted to do litigation work. I loved to argue in those days—I still do. I have no regrets.

UV: What does a day in the life of Chief Justice look like? 

RW: Busy. Very busy. 

The Chief Justice of Canada is not only the Chief Justice of the Supreme Court, but they also chair the Canadian Judicial Council, made up of 42 Chief Justices of Canada. That keeps me busy. The Canadian Judicial Council is in charge of the training of judges and judicial conduct. As Chief Justice, I chair the National Judicial Institute, which trains all federal judges in Canada, and I preside over the advisory board of the Order of Canada, which makes recommendations to the Governor General to give awards to Canadians for the Order of Canada. I also preside over some meetings of other jurisdictions—Europe, Asia, and Africa. Of course, I sit in as many cases as my colleagues, so I have to write my reasons as well. So, altogether it’s a busy agenda.

UV: What was something you were not expecting when you took on the role? 

RW: I was not expecting to represent the country in so many ways. I discovered I like to do this, it’s a real privilege. This happens because of the order of  succession in Canada. When the Prime Minister and Governor General are not available to assume their tasks for specific actions, I am the one who will do it. For instance, I will represent the country in late October for the enthronement of the new Japananese emperor. They are expecting 192 heads of state, and the Prime Minister and Governor General could not make it because of Federal elections taking place on the same day.

UV: What was one of your favourite cases you sat on in the Supreme Court? 

RW: There were so many. But the Carter case [was one of my favourites], where the judgment was released as “by the court”, meaning everybody participated in the drafting in the decision. Because it refers to notions of law, moral values, science, and so many issues, this case was probably the most interesting recently. But there were so many. 

Our decisions have an impact on so many people; their lives, their friends, their families and their futures. It’s difficult to identify just one case, but that case was special because of its consequences [for] the future.

UV: What obstacles have you faced in your career?

RW: Competition is always seen as an obstacle. It’s normal, and yet at the same time it’s very challenging. But I think it helps you become better at what you do. When there’s competition, that’s a good environment. Be prepared to work hard.

UV: What advice do you have for law students or young lawyers? 

RW: Law students should always be curious. […] Try new things. Keep your eyes and ears open to your new environment and to the new challenges that will present themselves. That curiosity will bring very beneficial things to your personal life and your professional life.

You [also] have to learn to trust your instincts. Very often, as a young lawyer, people will tell you that you can’t do this or that, or that you don’t have the training. But if you think you can do it or have [the skills], you should do it. Young people should learn to trust themselves and their instincts. 

Try to learn to say yes [to opportunities]. Don’t refuse any challenges that represent reasonable ways to accomplish yourself.

This interview has been edited and condensed for clarity and length.

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