Rideau Hall, Thursday, September 27, 2007

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It is a great pleasure to welcome you to Rideau Hall, and to welcome our special guests to Canada.

I would also like to take this opportunity to thank the Chief Justice of the Supreme Court of Canada for her work as the Chair of the Order of Canada Advisory Council.

The Order of Canada, which is celebrating its 40^th anniversary this year, is the centerpiece of Canada’s honours system.

It is an honour that highlights and celebrates excellence in every field imaginable.

But the Order of Canada is also—and perhaps in particular—a source of inspiration and a call to action.

Because we cannot help but be inspired by those whose actions, dedication, perseverance and commitment have made the world a better place.

We cannot help by honour those who overcome all obstacles, those who dream big instead of withdrawing into themselves, those who always try to improve themselves, and those who strive to make the impossible possible.

The Canadians who become members of the Order of Canada reflect the best in all of us.

I also want to tell you how much I admire your organization, the American College of Trial Lawyers.

Given the many elements that link our peoples, I think the College is an unrivalled forum for very rewarding discussions, discussions that surely benefit jurists in both Canada and the United States.

George Washington famously said: “The administration of justice is the firmest pillar of good government.” Here in Canada, that is a principle we have taken to heart. Throughout our history, from the Quebec Act in 1774 to our Charter of Rights—and beyond—laws have helped shape our nation, and our society.

Judges like Chief Justice McLachlin provide invaluable help to other countries as they attempt to establish efficient law systems. I saw for myself how valuable their contribution is to emerging democracies when I made official visits to Haiti, Afghanistan and a number of African nations.

Today, citizens in both the United States and Canada are using the courts and legal system to deal with new challenges and to find their way in a changing social reality.

For example, I know that earlier you were discussing “Civil Liberties in a Time of Security Concerns.” That is a subject that affects people here and in the United States, as well as citizens in nations all over the world.

It is of course a delicate balance to strike, as judges and lawyers are called on to help protect both our security and our freedoms. The success in striking that balance is a testament to the strength of the system we share, one built on the rule of law, democracy, and justice.

There are also other important challenges that jurists must address, both in the United States and here in Canada. After all, our society is changing very rapidly, and pillars of society, the legal and judicial systems must change along with it.

One issue that must be addressed is how to ensure that underprivileged persons’ have equitable access to the legal system.

The President of the ACTL has written about the importance of reversing the trend away from jury trials and the importance of protecting the independence of the judiciary.

I agree that these are both crucial, and I believe that ensuring greater access to the underprivileged is just as crucial.

I am encouraged, for example, to see that some of you are open to the concept of “restorative justice,” an alternative form of justice with roots in our countries’ Aboriginal communities.

This alternative to the traditional criminal justice system is sometimes referred to as “Sentencing Circles” or “Aboriginal Sentencing Circles.”

It has gained increased recognition in the international community, with the UN adopting a resolution on restorative justice policy and practices in 2002.

Canada has found that this approach can be beneficial; it has contributed to a more satisfying experience of justice for victims and communities, and has resulted in a reduction in repeat offending.

What all these ideas have in common is the need to be more open to change. Given my public role, I know that a system of law is something permanent and reliable; at the same time, it is also in a constant state of evolution.

Old laws are amended or repealed, new laws are debated and passed. And lawyers and judges, guided by their knowledge, their wisdom and their concepts of right and wrong, are continually creating precedents and helping our societies move forward.

Your work is fascinating, and you play a key role in bringing justice to the people and in turning the concept of equality into a reality. I am eager to learn from you.

I wish you all much success in your deliberations.

Thank you very much for meeting with me today.