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Letters: Judges are only human. Even the Chief Justice

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‘Judges do not get to declare themselves above criticism’

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Re: Chief Justice Wagner warns against ‘attacks’ against courts and judges — Christopher Nardi, June 9

Chief Justice Richard Wagner has taken umbrage with anyone questioning the legitimacy of courts and judges, but he seems to have missed the point made by his critics in that he fails to make a distinction between an institution and the humans who serve that institution.

Institutions are designed to be fit to serve a specific purpose over time frames far longer than any individual lifespan. If well designed and well cared for, an institution can prove robust. If abused for other purposes, an institution can be hijacked. History can provide many examples of both.

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Humans, on the other hand, are fallible by nature. All humans have biases and ways of understanding the world around them, determined by their genes, their experiences, and their environment. They also have a strong tendency to want to believe that their strongly held views are the only correct ones. This is how institutions get hijacked.

Current jurisprudence has moved into “living tree” law arguments and hypotheticals that undermine law as written (and perhaps this, in turn, has made written law less robust because it is assumed the courts will change it anyway). Nonetheless, judges — even those on the Supreme Court — do not get to declare themselves above criticism. They are not the embodiment of “justice.” As soon as judges fail to acknowledge their potential shortfalls as humans with appropriate humility, they have proven themselves incapable of distinguishing themselves from the institutions they serve. At this point, they are no longer fit for purpose.

Erin Thiessen, Kanata, Ont.

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