There’s been a fair amount of chatter the past couple of days about how everyone on both sides of the border seemed to know who US Supreme Court Justice Ruth Bader Ginsberg was, but most Canadians would have no idea who any members of our own Supreme Court are. While some blame this on American “media saturation,” I think it’s more than that (though media saturation is a factor). Rather, the partisan jockeying around the composition of the American Supreme Court means that there is far more investment in who is on the bench and what their ideological leanings are, coupled with a willingness on the part of that Court’s justices to become media figures.
The Supreme Court of Canada is largely devoid of the partisan balancing act of its American counterpart, and Canada’s relative lack of particularly conservative schools of legal thought means that we have a much more homogenous legal community, which finds for less polarization on the top court – though the McLachlin era of many unanimous decisions has largely come to an end and dissents are more frequent – which is not such a bad thing. This isn’t to say that our court isn’t political, because it is – it is very much a political actor in the Charter era – but it is generally not partisan in that regard. As for the willingness for celebrity, most Canadian Supreme Court justices eschew the limelight, and very rarely grant interviews (not the case in the US), though the new Chief Justice, Richard Wagner, is a little more open with media and has taken to holding a year-ending press conference every June, which has not happened before now. Nevertheless, those are some of the reasons why Canada’s court and its personalities are not media spectacles like they are in the US, and that’s really not such a bad thing.
Meanwhile, here’s a look at how the Supreme Court of Canada is adapting to ensure in-person sittings for the duration of the pandemic.
First, we’ve spread out. We've spaced our bench out over two rows to maximize distance between judges, and installed Plexiglas barriers between them. The total number of people allowed in the courtroom will be limited to ensure that everyone can keep 2m apart. pic.twitter.com/uwHnlh4ZW3
— Supreme Court of Canada (@SCC_eng) September 21, 2020
Third, everyone will have to follow public health recommendations on COVID-19 while in the building. That means keeping 2m apart as much as possible, sanitizing hands when entering the building and courtroom, and wearing a mask when moving around the building and courtroom. pic.twitter.com/BIW8sAs66k
— Supreme Court of Canada (@SCC_eng) September 21, 2020