Chief Justice of Canada
The Chief Justice of Canada (French: juge en chef du Canada) holds the singular distinction of being the presiding judge over the nine-member Supreme Court of Canada, which stands as the highest judicial body across all of Canada. This position, therefore, inherently designates the Chief Justice as the highest-ranking judge within the entire intricate Canadian court system, a fact that seems to weigh heavily on the very fabric of the nation's legal landscape.
As outlined by the foundational Supreme Court Act, the Chief Justice is designated as a Crown in Council appointment. This means the selection is made by the Crown acting directly on the considered advice of the sitting prime minister and the minister of justice. It's a process that ensures a certain political alignment, or at least a lack of overt opposition, for such a crucial role. Once appointed, the Chief Justice's tenure continues without a fixed term length, ending only upon their resignation, reaching the mandatory retirement age of 75 years, death, or, in the rarest of circumstances, removal from office for cause—a measure reserved for the most egregious breaches of conduct. By a long-standing, almost unbreakable tradition, a new Chief Justice is almost invariably selected from among the Court's existing incumbent puisne justices, ensuring continuity and a deep understanding of the Court's internal workings, which one might argue is simply the path of least resistance.
Beyond merely presiding, the Chief Justice wields a significant, almost gravitational, influence over the procedural rules of the Court, shaping how justice is administered and how cases are heard. They hold the central position during oral arguments, guiding the flow of legal discourse, and are expected to lead the often-complex and sometimes contentious discussions of cases among the other justices. Furthermore, the role extends far beyond the courtroom's immediate confines. The Chief Justice also serves as the deputy governor general, a temporary and often inconvenient stand-in for the viceregal office. They are the ex-officio chairman of the influential Canadian Judicial Council, a body tasked with upholding judicial standards, and they preside over the committee responsible for selecting recipients of the prestigious Order of Canada. In moments of national exigency, a Chief Justice is also prepared to assume the extraordinary role of Administrator of Canada, exercising the full viceregal duties of the governor general should that office become vacant due to death, resignation, or incapacitation, a testament to the unforeseen burdens the position can entail.
Currently, the weighty mantle of Chief Justice of Canada is borne by Richard Wagner, who assumed the role on December 18, 2017. Since the Supreme Court's inception in 1875, a total of 18 individuals have held this paramount judicial position. The very first to navigate the nascent waters of this office was William Buell Richards. Notably, Beverley McLachlin holds the record as the longest-serving Canadian Chief Justice, having served for an impressive 17 years and 341 days, and she was also the first woman to ever ascend to this powerful and historically male-dominated position, a rather belated but significant step.
History
The formal establishment of the Supreme Court of Canada commenced with the solemn administration of the oath of office to its inaugural Chief Justice, William Buell Richards, on October 8, 1875, a ceremony overseen by General William O'Grady Haly. A month later, on November 8, the five initial puisne justices followed suit, taking their own oaths and completing the foundational composition of the Court. This was not without its early political machinations; in January 1879, Chief Justice Richards found himself in a position where resignation became the only viable path forward. This decision was reportedly influenced by persistent pressure from his long-time friend and political ally, Prime Minister John A. Macdonald, a situation likely exacerbated by Richards' declining health, which, as history often shows, provides a convenient justification for political maneuverings. Subsequently, on January 11, 1879, William Johnstone Ritchie was appointed as the new Chief Justice by Macdonald, a swift transition that underscored the Prime Minister's firm hand in judicial appointments.
Tragedy struck on September 25, 1892, when Chief Justice William Johnstone Ritchie passed away at the age of 78, succumbing to a relapse of bronchitis. His death immediately triggered speculation regarding his successor. Early whispers and rumors in political circles suggested that the then-Prime Minister John Abbott might consider appointing Justice Minister John Sparrow David Thompson directly to the top judicial post. However, a strong and widely held opinion existed within the legal and political communities that the Chief Justice position should not automatically default to the longest-serving member of the Court, a sentiment vigorously opposed by prominent Conservative senator James Robert Gowan, who was a key party advisor on legal affairs. Senator Gowan, expressing his reservations, even went so far as to write to Justice Minister Thompson, suggesting that Justice Strong be allowed to retire to avoid his potential appointment and that the entire process be delayed, candidly indicating his distinct lack of faith in Strong's work ethic and commitment to the role. Despite these internal doubts and considerable lobbying, just three weeks after assuming the premiership himself, Prime Minister Thompson ultimately appointed Samuel Henry Strong as the Court's third Chief Justice, demonstrating that political will often trumps advice, no matter how well-intentioned.
A significant, if somewhat bureaucratic, change occurred in April 1896. During the tenure of the Conservative government under Prime Minister Mackenzie Bowell, the 7th Canadian Parliament passed an amendment to the Supreme and Exchequer Courts Act. This legislative alteration formally established the title of "Chief Justice of Canada." Prior to this amendment, the highest judicial officer was simply referred to as "chief justice," a distinction that, while seemingly minor, officially cemented the national scope and singular authority of the position. It was a formalization that reflected the growing maturity and self-awareness of the Canadian legal system.
Appointment
The appointment process for the Chief Justice is meticulously governed by the Supreme Court Act, with the selection made by the Governor in Council acting squarely on the advice of the prime minister. This seemingly straightforward process is, of course, underpinned by specific constitutional requirements. Under this component of the Constitution of Canada, any judge appointed to the Supreme Court, and by extension the Chief Justice, must meet stringent qualifications: they must either be "a judge of a superior court of a province or a barrister or advocate of at least ten years standing at the bar of a province." One might cynically observe that a decade of legal practice is merely the bare minimum for navigating the labyrinthine complexities of Canadian law.
A deeply entrenched, though not strictly codified, tradition dictates that the Chief Justice is appointed from among the ranks of the Court's existing puisne judges. In the entire history of the Court, this tradition has been breached only twice: with the very first Chief Justice, William Buell Richards, and later with Charles Fitzpatrick, both of whom were appointed directly without prior service as puisne justices. Furthermore, another customary practice dictates an alternating selection process: the Chief Justice is typically chosen alternately from either the three justices who, by law, must hail from Quebec (representing its unique civil law system) or from the other six justices drawn from the rest of Canada (who embody the common law tradition). This delicate balance, designed to reflect Canada's dual legal heritage, has only been broken once since 1933, when Brian Dickson of Manitoba was appointed to succeed Bora Laskin of Ontario in 1984, a rare deviation that nonetheless passed without significant constitutional uproar, perhaps because the legal system, much like the universe, tends towards entropy.
Duties
The most visible and central duty of the Chief Justice is, without question, to preside over all hearings before the Supreme Court. During these proceedings, the Chief Justice occupies the central chair, a symbolic and literal focal point of the Court's authority. Should the Chief Justice be, for whatever reason, unavailable or absent, the weighty responsibility of presiding falls to the senior puisne judge, ensuring the uninterrupted flow of justice.
Judicial Council
Beyond the immediate courtroom, the Chief Justice also chairs the Canadian Judicial Council, a significant body that encompasses all chief justices and associate chief justices of superior courts throughout Canada. Established in 1971 by the Judges Act, this council performs several critical functions. It organizes essential seminars for federally appointed judges, fostering continuous legal education and professional development. It also serves as a vital forum for coordinating discussions on issues of concern to the judiciary, allowing for a unified approach to systemic challenges. Crucially, the Council is empowered to conduct inquiries into the conduct of any federally appointed judge, whether initiated by a public complaint or at the specific request of a federal or provincial minister of justice or attorney general. This oversight mechanism is designed to maintain public confidence in the integrity of the judiciary, a task that, given human nature, is perpetually ongoing.
Other duties
Before taking the judicial oath of office, the Chief Justice is first sworn in as a member of the Privy Council, an exclusive circle that underscores the deep connection between the judiciary and the executive branch, however ceremonial it might appear. Furthermore, the Chief Justice holds a seat on the advisory council of Canada's highest civilian honour, the Order of Canada. In a display of judicial prudence, or perhaps simply an aversion to unnecessary complications, the Chief Justice traditionally abstains from voting on a candidate's removal from the order. This practice is rooted in a pragmatic concern: such removal processes have, to date, primarily applied to individuals convicted of criminal offences in lower courts. Should such an individual appeal their conviction all the way to the Supreme Court, the Chief Justice's prior involvement in a removal decision could, quite rightly, create an awkward and ethically compromising conflict of interest.
Additionally, under the provisions of the Electoral Boundaries Readjustment Act, each province is mandated to establish a three-person commission tasked with the politically sensitive process of modifying that province's federal ridings. While the chair of each such commission is typically appointed by the chief justice of that specific province, if no such appointment is made, the responsibility, like an unwanted inheritance, falls to the Chief Justice of Canada, ensuring that the process, however reluctantly, moves forward.
Administrator of Canada
The very fabric of Canada's constitutional framework anticipates moments when the highest office might be temporarily vacant or incapacitated. The Constitution Act, 1867 explicitly provides for the possibility of an "Administrator for the Time being carrying on the Government of Canada," a safeguard against a vacuum of power. These provisions are further elaborated in the Letters Patent, 1947, which delineate the precise mechanisms respecting the Office of Governor General. Specifically, should the governor general die, become incapacitated, or be absent from the country for a period exceeding one month, the Chief Justice—or, if that office itself is vacant, the senior puisne justice of the Supreme Court—is automatically designated as the Administrator of Canada. In this capacity, they are empowered to exercise all the powers and duties typically held by the governor general, a responsibility that shifts them from the pinnacle of judicial authority to the temporary apex of executive and ceremonial power.
This viceregal role has been invoked on four distinct occasions throughout Canadian history, each instance underscoring the critical importance of this constitutional failsafe. Chief Justice Lyman Duff served as Administrator in 1940, and Chief Justice Robert Taschereau did so in 1967, both following the unfortunate deaths in office of the incumbent governors general. More recently, Chief Justice Beverley McLachlin stepped into the role in July 2005 when the Governor General underwent surgery, a testament to the fact that even modern medical procedures can trigger constitutional contingencies. The most recent instance occurred following the resignation of Julie Payette in January 2021, at which point Richard Wagner assumed the duties of Administrator until the formal appointment of Mary Simon as governor general in July of the same year. It's a role that demands adaptability, thrusting a jurist into a realm of statecraft they might prefer to merely observe.
Beyond these extraordinary circumstances, the Chief Justice, along with the other justices of the Supreme Court, routinely serve as deputies of the governor general for more mundane, yet equally crucial, functions. These include the solemn act of giving Royal Assent to bills that have successfully navigated the legislative complexities of Parliament, the signing of various official documents that underpin the machinery of government, and the ceremonial reception of credentials from newly appointed high commissioners and ambassadors, a diplomatic dance that ensures the continuity of international relations.
Current chief justice
The individual currently occupying the distinguished office of Chief Justice is Richard Wagner. He formally assumed this weighty position on December 18, 2017, taking over from his predecessor, the venerable Beverley McLachlin. Born in the vibrant city of Montreal on April 2, 1957, Justice Wagner brought a wealth of experience to the role, having served as a puisne Supreme Court justice for a considerable 5 years and 74 days before his elevation. Prior to his tenure on the nation's highest court, he honed his judicial acumen on the Quebec Court of Appeal, a background that provided him with a deep understanding of both civil and common law traditions, a rather useful prerequisite for the role.
List of chief justices
Since the Supreme Court of Canada was officially established in 1875, a total of 18 distinct individuals have had the dubious honor of serving as Chief Justice. Their tenures, varied in length and marked by different historical contexts, collectively form the judicial backbone of the nation.
| Image | Name (Province) |
Order and term [A] | Length of term | Appointed on advice of |
Date of birth | Date of death |
|---|---|---|---|---|---|---|
| William Buell Richards (Ontario) |
1st September 30, 1875 – January 10, 1879 |
3 years, 102 days | Mackenzie | May 2, 1815 | January 26, 1889 | |
| William Johnstone Ritchie (New Brunswick) |
2nd January 11, 1879 – September 25, 1892 |
13 years, 258 days | Macdonald | October 28, 1813 | September 25, 1892 [B] | |
| Samuel Henry Strong (Ontario) |
3rd December 13, 1892 – November 17, 1902 |
9 years, 339 days | Thompson | August 13, 1825 | August 31, 1909 | |
| Henri Elzéar Taschereau (Quebec) |
4th November 21, 1902 – May 1, 1906 |
3 years, 161 days | Laurier | October 7, 1836 | April 14, 1911 | |
| Charles Fitzpatrick [C] (Quebec) |
5th June 4, 1906 – October 20, 1918 |
12 years, 138 days | Laurier | December 19, 1851 | June 17, 1942 | |
| Louis Henry Davies (Prince Edward Island) |
6th October 23, 1918 – May 1, 1924 |
5 years, 191 days | Borden | May 4, 1845 | May 1, 1924 [B] | |
| Francis Alexander Anglin (Ontario) |
7th September 16, 1924 – February 27, 1933 |
8 years, 164 days | King | April 2, 1865 | March 2, 1933 | |
| Lyman Duff (British Columbia) |
8th March 17, 1933 – January 6, 1944 [D] |
10 years, 295 days | Bennett | January 7, 1865 | April 26, 1955 | |
| Thibaudeau Rinfret (Quebec) |
9th January 8, 1944 – June 21, 1954 |
10 years, 164 days | King | June 22, 1879 | July 25, 1962 | |
| Patrick Kerwin (Ontario) |
10th July 1, 1954 – February 2, 1963 |
8 years, 216 days | St. Laurent | October 25, 1889 | February 2, 1963 [B] | |
| Robert Taschereau (Quebec) |
11th April 22, 1963 – August 31, 1967 [E] |
4 years, 131 days | Pearson | September 10, 1896 | July 26, 1970 | |
| John Robert Cartwright (Ontario) |
12th September 1, 1967 – March 22, 1970 |
2 years, 202 days | Pearson | March 23, 1895 | November 24, 1979 | |
| Gérald Fauteux (Quebec) |
13th March 23, 1970 – December 22, 1973 |
3 years, 274 days | P. Trudeau | October 22, 1900 | September 14, 1980 | |
| Bora Laskin (Ontario) |
14th December 27, 1973 – March 26, 1984 |
10 years, 90 days | P. Trudeau | October 5, 1912 | March 26, 1984 [B] | |
| Brian Dickson (Manitoba) |
15th April 18, 1984 – June 29, 1990 |
6 years, 72 days | P. Trudeau | May 25, 1916 | October 17, 1998 | |
| Antonio Lamer (Quebec) |
16th July 1, 1990 – January 6, 2000 |
9 years, 189 days | Mulroney | July 8, 1933 | November 24, 2007 | |
| Beverley McLachlin (British Columbia) |
17th January 7, 2000 – December 14, 2017 [F] |
17 years, 341 days | Chrétien | September 7, 1943 | 2025-11-17 (living) | |
| Richard Wagner (Quebec) |
18th December 18, 2017 – Incumbent [G] |
7 years, 334 days [H] | J. Trudeau | April 2, 1957 | 2025-11-17 (living) |
This graphical timeline visually represents the duration of each justice's tenure as Chief Justice, offering a concise overview of the longevity of service in this crucial role.
Notes
- ^ The start date listed for each chief justice is the day the justice took the judicial oath of office, and the end date is the date of the justice's death, resignation, or retirement.
- ^ a b c d Died in office
- ^ Appointed directly from the Cabinet, and never served as puisne justice; only time the chief justiceship has been filled from outside the judiciary. [9]
- ^ Assumed vice regal duties as Administrator of Canada February 11 – June 21, 1940, following the death in office of Governor General Lord Tweedsmuir.
- ^ Assumed vice regal duties as Administrator of Canada March 5 – April 17, 1967, following the death in office of Governor General Georges Vanier.
- ^ Assumed vice regal duties as Administrator of Canada in July 2005 when Governor General Adrienne Clarkson underwent surgery. [15]
- ^ Assumed vice-regal duties as Administrator of Canada January 23 – July 26, 2021, following the resignation of Governor-General Julie Payette.
- ^ As of November 17, 2025