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Michael Higgins: The arrogance of Chief Justice Richard Wagner

He must recuse himself from Emergencies Act case

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Richard Wagner, the chief justice of the Supreme Court, must recuse himself if there is to be a hearing of the federal government’s appeal in the Emergencies Act case, or risk poisoning the well of justice.

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Wagner has shown such a prejudice toward the Freedom Convoy protesters as to raise questions about his impartiality. Questioning the impartiality of a judge, let alone the highest in the land, is a serious matter. But questions must be asked in light of inappropriate and impolitic comments made by Wagner in April 2022.

Michael Higgins: The arrogance of Chief Justice Richard Wagner Back to video

Questions must also be raised because of how incredibly important this case is. It concerns the limits of state power; the rights of individuals; the exercise of free expression; and, at its core, what principles a liberal democracy values.

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Wagner told Montreal’s Le Devoir newspaper in 2022 that the convoy was “a small beginning of anarchy where some people decided to take other citizens hostage, to take the law into their own hands.”

“Anarchy” is a strong word. The anarchists of the late 19th and early 20th centuries were responsible for the assassination of numerous heads of state, including U.S. President William McKinley in 1901. Many adherents to the movement advocate the violent overthrow of government.

Yet Wagner should not have said anything at all. The “Ethical Principles for Judges,” which Wagner helped write, states that, “Judges should be cautious in their communications on social media relating to matters that could come before the court.” While the section concerns social media, the principle obviously applies to all media.

Wagner must have suspected that the invocation of the Emergencies Act two months prior could well come before his court. His suspicions should have been aroused by the fact that it was an unprecedented action, but also that court challenges were already being considered, with the Canadian Civil Liberties Association saying on Feb. 22, 2022, “We are taking the Government of Canada to court.”

Two courts have already ruled that the Canadian government was unreasonable in invoking the Emergencies Act, but the Carney Liberals have appealed to the Supreme Court, which is considering whether to hear the........

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