OTTAWA — Chief Justice Richard Wagner has denied a request to recuse himself from the Emergencies Act case, asserting that his 2022 remarks about the Freedom Convoy protests are unrelated to the issues under appeal.
In a letter to the parties on Wednesday, Supreme Court of Canada registrar Chantal Carbonneau communicated that Wagner concluded there was no legal basis for him to step aside from the case, which the top court is currently considering whether to hear.
Background of the Recusal Request
The decision responds to a March request from Canadian Frontline Nurses (CFN) and member Kristen Nagle, who argued that the chief justice's past comments on the 2022 Freedom Convoy protests could lead to an apprehension of bias. The CFN and Nagle are involved in a separate but related application for leave to appeal to the court, and Wagner's recusal decision applies to both cases concerning the invocation of the Emergencies Act.
Chief Justice's Position
Carbonneau wrote: “I am writing to advise that Chief Justice Wagner has considered the certificates and letter, and has concluded that there is no actual or reasonable apprehension of bias that would require his recusal under the applicable legal test.” She added that Wagner stated he did not, at any time, directly or indirectly comment on the Emergencies Act itself or the matters at issue in the proceedings.
The federal government filed its application for leave to appeal to the top court in March, aiming to overturn two earlier decisions that ruled the use of the act's exceptional powers was unjustified in stopping the Freedom Convoy protests.
The Controversial Comments
At the heart of the CFN's request were two sets of 2022 comments. In an April 2022 interview with Le Devoir, Wagner described the Freedom Convoy protest as the “start of anarchy” and said participants took Ottawa residents “hostage.” He also suggested that some participants were “remote-controlled” individuals seeking to short-circuit the political system, which he found troubling. In a June 2022 press conference, Wagner called the impact of the blockades on Ottawa businesses and individuals, especially the most vulnerable, “deplorable.”
Despite these remarks, Wagner maintains they do not pertain to the legal questions surrounding the Emergencies Act. The Supreme Court will now proceed to consider the leave to appeal applications.
