KAROL KUDYBA
News Writer

Related post: Guarding the Chief Justice

The Right Honorable Chief Justice Beverly McLachlin was in Saskatoon Oct. 27 speaking at the College of Law on the topic of access to justice and the current state of the court system. I nervously sat down in front of the most powerful judge in the land and asked her a few questions. While I wish I could have asked her about current decisions, her ladyship has to refrain from discussing such matters publicly. Before I begin, a fun fact: in 2007 she was named commander of the French Legion of Honour.

The Sheaf: Your speech today is entitled “Access to Justice” and focuses on the problems that Canadians face with the court system. Do you believe that going through the courts is no longer a viable option for the middle class Canadian?
McLachlin: I think that there are a lot of ways that lower to mid class Canadians can get to court, sometimes by their own means, class actions or special tribunals. I think on the whole we’re doing quite a good job, but it’s not good enough. We still have some people who don’t have, or don’t feel like they have, access to justice. And we have to improve that situation.

Sheaf: What in your opinion is the area that’s in the biggest need of reform?
McLachlin: A lot of reforms have taken place, but there’s problems of cost and problems of delay. Some of the reforms that have to take place are procedural, to try to eliminate unnecessary steps for particular litigation or have to do with eliminating costs. There’s no simple magic bullet.

Sheaf: With the amount of time that it takes for an appeal to go through to the Supreme Court of Canada, do you find it hard not to already have an opinion on a matter before it reaches you?
McLachlin: No, no. I think we look at each matter on it’s own merit; we come at it with an open mind — that’s our job. People sometimes have a difficult time understanding that it [involves] a special way of distancing yourself from the problem and we’re trained and experienced to look at both sides, consider all the ramifications and come up with what we think is the right solution.

Sheaf: Do you see something on TV and just think to yourself, “Man, I just know that I’m going to deal with that in three years?”
McLachlin: Well, occasionally. And I’m sure all the justices do. I do keep track of issues as they percolate up — and it’s very interesting to think about — but I refrain from trying to come to a prior conclusion on anything.

Sheaf: I would say that maybe one per cent of Canadians could look at a photo of you and say “That’s Beverly McLachlin.” Is it good that there is a certain degree of anonymity? Is it good for the courts?
McLachlin: I think a personal anonymity is good.

As long as Canadians understand that we are nine justices taking our work very seriously, it’s not important that they know that I have a dog, or where I take my vacations or even what I look like. The important thing is that Canadians have confidence in members of the Court as judges who will look at the problem and do their best.

Now, that said, in recent years there’s a little more information out there about individual members and we recognize that Canadians are entitled to something about their judges.

Sheaf: So what you’re saying is that it’s more important for Canadians to understand the process than who you are specifically?
McLachlin: The process, absolutely! Although people are entitled to know who the chief justice is. What is she like? That’s why I do these interviews. It’s all part of this general accountability that we feel is important to the court.

Sheaf: With the elimination of the need to wear the wigs, our system is getting away from the inherited pomp and circumstance of old. Be honest, do you miss being called “My Lady?”
McLachlin:I have no problem with other courts still retaining “Lordship” or “Ladyship,” but 10 years ago we had a discussion and said it doesn’t make a lot of sense. We’re not really lords and ladies. It’s not a big problem and lawyers shouldn’t worry about it.

Sheaf: Finally, after your time on the SCC is over, would you ever think of doing a Judge Judy type show? Or endorsements — “This steak is guilty”¦ of being delicious!”
McLachlin: [Laughs] No, I don’t see myself as a television judge.