Judiciary must listen to ordinary people, says Supreme Court nominee Glenn Joyal

'I don't believe in defending stupid systems,' says current Manitoba chief justice

Canada's newest Supreme Court nominee believes that better outreach and communication of the work of the judiciary can restore trust in the institution at a time when judges are under increasing scrutiny.

Glenn Joyal, the chief justice of Manitoba's Court of King's Bench who has been nominated to Canada's top court, laid out his judicial philosophy as being an "institutionalist" who views judges as the guardians of Canada's Constitution, during a Monday appearance before parliamentarians ahead of his official confirmation.

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"In these uncertain and challenging times, our commitment to the rule of law needs to be repeatedly, repeatedly affirmed," Joyal said.

He quoted the French diplomat and architect of European integration, Jean Monnet, saying "Nothing is possible without human beings, but nothing lasts without institutions."

"That insight, the judicial oath, along with a compassionate commitment to the rule of law, will be reference points to help guide my path," he said.

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Over two-and-a-half hours, Joyal spoke about his 28-year career in the judiciary and how he intends to approach his work once appointed to the Supreme Court of Canada.

The son of a Franco-Manitoban father and mother of Polish descent, Joyal started as a lawyer in Manitoba before joining the bench in 1998, rising to chief justice in 2011. Prime Minister Mark Carney announced his nomination to the Supreme Court last week.

MPs and senators probed Joyal on his background and views on jurisprudence, though by protocol he was asked not to comment on specific legislation or past or future decisions before the court.

'Guardians of the Constitution'

Joyal repeatedly stressed the importance of judicial independence at a time of increased polarization, when trust in public institutions is declining and the justice system has come under attack by "demagogy."

"All of us who care about our constitutional democracy … recognize how an independent judiciary best meets the needs of a diverse population in our rich and very pluralistic polity," he said.

In particular he highlighted the judiciary's role balancing the work of the legislative branch.

"If both institutions aren't working strongly and boldly — and I think assertively — you potentially get an imbalance," he said.

'I don't believe in defending stupid systems,' Supreme Court nominee says

That does not mean the judiciary should be "immune or immunized" from scrutiny, he said.

"I don't believe in defending stupid systems," he said. "And to the extent that our systems sometimes need improvement, we can do that."

Judges have been "taking up a huge footprint in society" since the introduction of the Charter of Rights and Freedoms, he said.

"We have a big job to do being guardians of the Constitution."

But demagogy, misinformation and disinformation "that corrodes and compromises our institutions" had left the judiciary vulnerable, Joyal said.

He said its response must be to actively regain the trust of the population, with a particular focus on marginalized groups and Indigenous people.

"It's a project that requires something more than us simply going out, as we sometimes do in outreach, and trying to explain to people what we do, how we do it," he said. "It actually involves listening."

'Exceptional jurist,' says minister

Joyal said he was most proud of his work adjudicating R. v. Skibicki, a judge-alone trial which resulted in Jeremy Skibicki's conviction on four counts of first-degree murder of four Indigenous women in Winnipeg in 2022.

One of the victims, Ashlee Shingoose, was known only as Buffalo woman at the time of the trial but later identified through DNA evidence. Joyal agreed to hold a special sitting to receive victim impact statements from Shingoose's relatives.

"We made room for her and her family," he said. "The fact that we made that effort, I think went a long way to building some of the trust that we wanted to."

Manitoba Court of King's Bench Chief Justice Glenn Joyal nominated to Supreme Court of Canada

Rebuilding trust in the justice system will require further instances of judges actively listening and sensitizing themselves to the lived experiences of others, Joyal said.

"Institutions require that type of reconnection with the people," he said. "They really are experiences that I think in the long term will help rebuild not only trust but the legitimacy of the institutions that we want to see endure."

Earlier on Monday, Justice Minister Sean Fraser described Joyal as an "exceptional jurist" who will "uphold the highest standards in all facets of the position."

Campbell MacDiarmid is a reporter with the CBC Ottawa bureau