REMARKS BY THE RIGHT HONOURABLE BRIAN DICKSON LAW

REMARKS BY
THE RIGHT HONOURABLE BRIAN DICKSON
LAW DAY DINNER
Wednesday, April 15, 1987
Mr.
Chairman,
Mrs.
Williams,
Mr.
Prime
Minister,
Mr.
Minister of Justice, Justice Linden, Ms. Anthony, ladies and
gentlemen, distingués invités, mesdames et messieurs.
It is a
great pleasure for me to be here tonight to help the Canadian Bar
Association commemorate Law Day. I want to begin by commending the
Canadian Bar Association on its initiative and imagination in
establishing Law Day.
Although the Canadian legal system is,
without question, one of the fairest and finest in the world, it is
nevertheless
not
a
perfect
system.
Two
problems
which
come
immediately to mind are the high cost of many legal services and
the inaccessibility of the legal system to some segments of the
Canadian community. Law Day, with its emphasis on public education
and the accessibility to the public of large numbers of judges and
lawyers, is a valuable step towards alleviating the second of these
two problems.
So
the
Canadian
Bar
Association
deserves
our
appreciation for its important initiative in this regard.
Je
voudrais
aussi
féliciter
l'Association
du
Barreau
canadien et la Commission de réforme du droit d'avoir créé l'an
dernier les prix d'excellence "Balance de la justice" pour honorer
les journalistes qui ont fait des reportages exceptionnels sur le
système judiciaire canadien.
Ces reportages cadrent parfaitement
bien avec le thème de l'accessibilité choisi pour la Journée du
droit.
En effet, c'est la presse qui, en utilisant des termes que
le public peut comprendre, sert souvent d'intermédiaire entre le
- 3 système judiciaire et le public.
Je crois que les reportages sur
le système judiciaire canadien ces dernières années ont été très
bons et que le public canadien a été choyé dans ce domaine par de
nombreux journalistes canadiens.
J'ai donc été très heureux qu'on
m'ait demandé l'an dernier de présenter à ce dîner les premiers
prix d'excellence "Balance de la justice".
Tonight, however, my role is a different one.
I have been
asked to unveil a new stamp to mark two of the most important,
recent developments in Canadian legal history.
It is a distinct
pleasure to do this because I have been, for many years, a
passionate stamp collector myself as have my son and my grandson.
When I pause to think how much I have spent for stamps for my
collection over the past many years I'm surprised that there is
still a deficit in the post office.
It is, ladies and gentlemen, also a professional pleasure
to unveil this stamp because it blends two recent and important
developments, namely the enactment five years ago of the Canadian
Charter of Rights and Freedoms and the creation by the Canadian Bar
Association of Law Day.
I have already said something about Law
Day.
As to the Charter, there is no doubt that it is an
absolutely
fundamental
constitutional
document.
personally, I take great pride in the Charter.
Speaking
For one thing, it
puts Canada in the mainstream of the post World War II movement
towards conscious recognition of, and protection for, fundamental
- 4 human rights.
For another thing, the Charter is the logical
culmination of Canadian developments in the field of human rights
- it builds on provincial and federal human rights codes and the
Canadian Bill of Rights.
At bottom, the Charter protects those
basic values which most Canadians share and cherish.
I am pleased
that, in my professional capacity as a judge, I can play a role in
protecting and promoting those values.
It is, of course, a commonplace to say that the Charter is
one of our fundamental documents.
Sometimes I think that we all
say that without really pausing to reflect upon that statement or
to consider how particularly true it is.
I think that, for me, the
best way for me to underline the truth of the proposition is simply
to read three or four of the sections of the Charter and let each
of you pause for a moment and think about the values they enshrine.
2.
Every one has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression,
including freedom of the press and other media of
communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.
7.
Everyone has the right to life, liberty and security of
the person and the right not to be deprived thereof
except in accordance with the principles of fundamental
justice.
- 5 15.(1) Every individual is equal before and under the law
and has the right to the equal protection and equal benefit
of the law without discrimination and, in
particular, without discrimination based on race,
national or ethnic origin, colour, religion, sex, age or
mental or physical disability.
16.(1) English and French are the official languages of
Canada and have equality of status and equal rights and
privileges as to their use in all institutions of the
Parliament and government of Canada.
Let
me
conclude
by
reading
one
other
section
of
the
Constitution, namely s. 52(1):
52.(1) The Constitution of Canada is the supreme law of
Canada,
and
any
law
that
is
inconsistent
with
the
provisions of the Constitution is, to the extent of the
inconsistency, of no force or effect.
I am pleased to say that the Bar in this country has always
been particularly respectful of, and vigilant to protect, the
Canadian Constitution.
I believe that the same deep respect for
the Constitution lives in the legislative, executive and
judicial branches of government.
So too for the press which must
perform, and perform well, its role as watchdog of the activities
of all three branches of government.
- 6 At the end of the day, the Constitution is our most
important guarantor that the rule of law will be the heartbeat of
the public life of this country.
All branches of government must
accept and respect that fundamental precept of Canadian life.
The basic purpose of Law Day is to underline that the legal
system
must
serve
the
Canadian
people.
That
is
also
the
fundamental purpose of the Canadian Charter of Rights and Freedoms
- it protects the basic rights that Canadians share and cherish.
The stamp which I unveil tonight is a worthy memorial to both Law
Day and the Charter.
and liberty.
It speaks of the Canadian tradition of law
It is a great honour to unveil this stamp.