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The Honourable Allan Lutfy, Swearing-in Ceremony, Associate Chief Justice, January 7, 2000, Ottawa
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Chief Justice McLachlin, Chief Justice Richard, Justice Marceau, Honourable judges and prothonotaries, Dear friends, ladies and gentlemen,
First, let me thank the Deputy Minister and members of the other bar associations for their kind words. I trust that I can live up to your expectations.
Let me also welcome to Ottawa, two judges on whose counsel I so often rely: the Honourable Ronald Berger of the Alberta Court of Appeal, my law school classmate and now close friend, who has travelled from Edmonton to be with us today and the Honourable Paul Carrière of the Superior Court of Quebec, my former partner and loyal friend.
This special sitting was scheduled sometime prior to my appointment to celebrate the Honourable John Richard as the fifth Chief Justice of the Federal Court of Canada. It was gracious of you, Chief Justice, to add a second dedication to this solemn occasion. Your administering my oath of office during this ceremony and your kind words of presentation are very much appreciated and I thank you.
Your substantial accomplishments, in eighteen short months as Associate Chief Justice, will surely ease my transition and, with some luck, may even prolong the period of my honeymoon as your successor.
The new Federal Court Rules were implemented during your watch. You oversaw the introduction of case management and the Court's more active role in alternate dispute resolution. Thousands of "dead wood" proceedings, launched prior to 1997, have been removed from our lists. Backlogs in some areas of the Court's work have been eliminated. Judicial review applications are heard every month of the year. You have also focussed on the merger of administrative services and the Court's accommodations.
If, despite these significant achievements, there are bumps and glitches that surface in the Trial Division, I take comfort in knowing that you are only a phone call away.
You have led a dedicated and hard-working group of judges and prothonotaries who, despite the Court's itinerant work, thrive in a collegial environment which would be the envy of many professionals. On their behalf, I thank you for your stewardship. Now, both divisions of the Court will benefit from your administrative skills and I reiterate the commitment of the Trial Division to your leadership. We all extend to you and Lily our best wishes as you take on your new functions as Chief Justice.
Chief Justice McLachlin, I wish you well also as Canada's new chief judicial officer. Your participation today honours both Chief Justice Richard and the Federal Court of Canada.
The face of this Court, now more than ever, reflects the geographic, linguistic, gender and cultural realities of Canada. More must be done but some of the gains should be noted.
The Court has thirty-one judges in office. Currently, more than one-third, were previously lawyers whose professional careers were substantially spent outside central Canada, where some 38% of our population resides. I am also pleased to report that a similar proportion of the judges in the Trial Division, seven of twenty, are women.
Hopefully, your presence today, not only as Chief Justice of Canada but also as one whose roots are in western Canada will signal, in a special way, this Court's success and the importance of its mandate in our federation.
I am of a generation of Quebecers for whom language rights and the participation of Quebecers in our federal institutions have been live issues, ones we have experienced for more than thirty years.
The symbolism of today's ceremony is profoundly meaningful to me, and I suggest, has real significance for the linguistic and bi-juridical dimensions of this national institution.
This is only the second time in the Court's history that lawyers trained in the common law and the civil law respectively have served as Chief Justice and Associate Chief Justice simultaneously and, for the first time, the two incumbents are from the linguistic minorities in their provinces.
We are blessed today with the presence of every Chief Justice and Associate Chief Justice who have served this Court since 1971, with one exception. The late Camilien Noël, the Court's first Associate Chief Justice, is very ably represented by his son, our colleague and friend, the Honourable Marc Noël. Your father's excellence as a jurist is an exemplary model for me, as I succeed him as only the second judge, educated, trained and having practised in the civil law, to serve in either of the two senior judicial offices of this Court.
Much has changed since the Court's creation on June 1, 1971. Its primary purpose, however, has not. As Chief Justice Jackett noted in his opening remarks on that day: "... the overriding objective of the Court is to give service to the litigants." I respectfully agree.
My commitment as Associate Chief Justice must be to remain accountable for the good and timely administration of the Trial Division, while assuring that its members can deliberate in a serene and calm environment. Then, collectively, we will do justice to the public we serve.
Since 1996, I have been able to participate fully in the life of the Court. For this, I am grateful particularly to former Chief Justice Julius Isaac, and to those whom he consulted, in designating me to specialized jurisdictions of the Court's work and to a number of its challenging committees.
I also extend a word of appreciation to the judges and prothonotaries of the Trial Division. You have always made me feel welcome when I so often consulted each of you, even though I knew I was disturbing your other work. For this, I thank you sincerely. Do not be discouraged when I say that I intend to consult you even more in this new job.
Today is the 86th birthday of my father, who died too many years ago. My mother, I am delighted to say, is here in good health. She always reminds our family of her profound satisfaction that her three sons, her daughters-in-law and her grandchildren enjoy a happy environment. That, after everything else that has been said today, is what life is really all about.
Pierre, Patrick and Caroline, I want you to know that whenever I slow down and listen carefully, I learn from each of you. Keep on teaching!!
In closing, I invite you to join with me in saluting and applauding the person who makes all of this possible for me, my best friend and spouse, Brigitte.
Thank you. |
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