Louise Arbour and the Defence Counsel Conference
The DCAO conference has a tradition of excellent keynote speakers. Last year Glenn Greenwald gave a great speech; then he exploded the NSA story. This year we were honoured to have The Honourable Louise Arbour deliver the keynote address.
Louise delivered a truly inspiring speech and I was very honoured to be able to introduce her to the defence bar. Below is the text of my introductory remarks:
It is a great honour to introduce to you our key note speaker.
The Honourable Louise Arbour really doesn’t need any introductions – her reputation precedes her.
We are all familiar with her body of work that includes time as a trial judge, a judge of the Ontario Court of Appeal and a Judge on the Supreme Court of Canada.
Her international work is simply incomprehensible: Chief Prosecutor for The International Criminal Tribunals for the former Yugoslavia and for Rwanda, United Nations High Commissioner for Human Rights, and most currently President and CEO of the International Crisis Group.
Louise holds over 40 honourary degrees, but as many of you may know - perhaps most importantly - she also holds the prestigious title of my Mother-in-Law. I hope with that in mind any informality in my introduction will be forgiven.
It is simply mind blowing that next year will mark the 10 year anniversary of Louise’s departure from the Supreme Court.
Imagine a SCC composed of Justice McLachlin, Iacobucci, Major, Binnie, Arbour, LeBel, Fish, Deschamps, and Basterache.
Seems may seem like a wild fantasy – but it was a reality in 2004 – Louise’s last year at the Supreme Court.
By next year Mr. Harper will have appointed 7 out of the 9 Supreme Court justices. Reflect on how the Supreme Court will have changed over the last 10 years.
It may be painful, but I would also ask you to think about how much criminal law and criminal law policy has changed over the last ten years.
It is safe to say that Louise’s departure 10 years ago was deep loss to the development of Canadian criminal law, but it would be unfair to fault her for the negative changes occurred in her absence.
Although I do note that when Louise wrote a Supreme Court judgment - and she wrote 69 of them - she carried the majority 80% of the time.
Taking this into account it may actually be fair to say that her departure was not an insignificant cause of our current situation.
Thus employing her own logic from the case of R. v. Nette this in fact means that Louise’s departure was indeed a significant contributing cause of our current situation.
I have the privilege of being able to spend a great deal of time with Louise. I always learn something new when we talk and recently Louise introduced me to my new favorite quotation:
“Between the rich and the poor, between the master and the servant, between the strong and the weak, it is freedom that oppresses, and the law that sets free.”
This is a quote from 1848 by the French ecclesiastic, preacher, journalist and political activist Henri-Dominique Lacordaire
To plagiarize Louise's recent address to the UN General Assembly - he was right. The purpose of law in a free and democratic society is to liberate, not to restrain. It is to create a safe and just environment in which human conduct is regulated and power is constrained so that maximum freedom and safety is attained by all.
Upon reflection it is this principle that underpinned so many of Louise’s judgments.
It is this principle that Louise has applied to great effect on the international stage.
Clearly Canada’s loss was the worlds gain.
But tonight it is our gain that Louise is able to address us.
Please welcome our friend The Honourable Louise Arbour.