Around the world, the rule of law is weakening at a pace not seen since the mid-20th century. Courts are being politicized, rights are eroding, and public trust in legal institutions is declining. It is within this global context that the Supreme Court of Canada turned 150 this year — a milestone that invites us to reflect on how profoundly the Court has shaped the country we live in. What began in 1875 as a small, relatively modest appellate court has grown into one of the world’s most respected constitutional tribunals, steering Canadian law through social transformation, constitutional change, and deep political controversy.
The Honourable Andromache Karakatsanis delivered the plenary speech at the CBA-NS 2025 Annual Conference. Her speech highlighted the value the Supreme Court places on the rule of law, and what that principle means in the contemporary context. To highlight the importance of continued judicial independence, Justice Karakatsanis demonstrated the ways in which the rule of law is currently under threat - all through the use of a very clever ruse. The audience was to not leave the room because she was summarizing a new judgement that was going to be released at 10am. Explaining that the Supreme Court Justices were up all night issuing the judgement, she read excerpts from this fictional judgement that discussed the rule of law.
The set up of this case is simple: a public interest group brought an application to the Supreme Court that argued they should move into Parliament while their offices are being renovated. The Supreme Court was tasked with determining whether they should move into the same building as federal law makers on a temporary basis.
In this fictional case, Justice Karakatsanis highlighted the rich line of decisions of the Supreme Court that flesh out the rule of law as a constitutional principle. Cases like the Manitoba Language Rights Reference (1985), Roncarelli v. Duplessis (1959). and Senate Reform Reference (2014) were quoted. However, they were not presented as final statements of what the rule of law means in Canada. This wasn’t a history lesson.
Why? I think it’s because she had something more urgent to say about the rule of law in Canada. Justice Karakatsanis didn’t present past cases as present statements of law. In doing so, the role of the Supreme Court was made clear: they are not a repository of precedent on rule of law, but rather on the front lines protecting it every day.
The presentation made abundantly clear that this foundational principle is under attack in often small ways. The fictional judgement explained in detail why it is important to maintain judicial independence, and this appears to be one of the key messages Justice Karakatsanis wanted to deliver. Even seemingly small or temporary encroachments on the independence of the courts must be taken seriously.
The talk poignantly delivered a vision of the rule of law in Canada, one that has been consistent for the Supreme Court of Canada since at least the Manitoba Language Rights Reference of 1985. No government is above the law. This axiom was given nuance by Justice Karakatsanis because she demonstrated the incremental ways that law makers might try to influence the court, by, say, sharing office space with the Supreme Court Judges. Far from being a vague aspiration, the rule of law is a binding constitutional requirement that shapes how public power is exercised and how rights are protected.
By working through the fictional case about sharing office space, Justice Karakatsanis was highlighting not just that the rule of law matters, but how constitutional structures must be respected and why courts must be independent. Through detailed analysis of the ways sharing office space with law makers in Ottawa would erode the stability and accessibility of the legal system, she is making a critical point. One that is resonant with the global context: independence matters and the details of how independence is maintained are extremely important.
As the rule of law continues to erode globally, the Supreme Court Justices are resolute in their determination and conviction to protect it here in Canada. As debates about judicial independence rage globally, the Supreme Court of Canada has once again asserted itself as a global leader and powerful voice on justice and equality. The Honourable Justice Karakatsanis is resolutely committed to ensuring that no government is above the law.
As a woman, as a queer person and as a lawyer who represents marginalized people, I am enormously grateful to her for that. Here’s to another 150 years; thank you for your commitment to our freedom.