Supreme Court Justice Malcolm Rowe Marks 150th Anniversary of the Supreme Court of Canada

Justice Malcolm Rowe calls on students to pair optimism with wisdom, honouring Canada’s ‘living’ Constitution.

Queen’s Law hosted an event in Grant Hall on Sept. 15 to mark the 150th anniversary of the Supreme Court of Canada. Supreme Court Justice Malcolm Rowe, appointed in 2016, delivered the keynote address. The program, attended by roughly 75-100 staff, students, and alumni, ran from 4 p.m. to 6 p.m. and was followed by a reception in Grant Hall.

Dean of the Faculty of Law Colleen Flood opened the program, alongside remarks from Queen’s Law professors Lisa Kerr, who discussed the courts’ policies, and interveners who are third-party voices meant to broaden perspectives on legal cases. AndAssociate Professor Jacob Weinrib, who highlighted the Charter’s importance within law and the Supreme Court.

In an interview with The Journal, Flood emphasized her hopes for the event, noting the importance of showing students that Canada’s courts are strong and just, particularly at a time when justice, democracy, and the rule of law face challenges around the world.

A brief moment of tension came up when Kerr took the stage to make a short address after Rowe. Kerr warned Rowe that the Court has generally mishandled interveners, insisting that
COVID-19 era policies and five-minute speaking time limits must be removed for interveners. Rowe didn’t comment on her grievances after the speech.

Flood opened with a land acknowledgement and also noted the 10th anniversary of the Truth and Reconciliation Commission’s Calls to Action, calling the moment “critical” for legal education. She later warned against “the rising tide of misinformation and polarization,” and added protecting judicial independence is “a daily duty.”

Rowe then took the stand to make a 50-minute speech in honour of the celebration. He spoke on the history of the court and emphasized the importance of not judging earlier courts by today’s standards, connecting to one of his points that the Canadian Constitution is a “living tree.”

“Its [The Constitution] function is to provide the continuing framework for the legitimate exercise of governmental power.” 

Pulling from Chief Justice Brian Dickson’s distinction between ordinary statutes and the Constitution to explain why courts read Charter rights with durability and adaptability, he explained that statutes could be changed easily and “define present rights and obligations,” but the Constitution is “built with an eye to the future.”

“Its function is to provide the continuing framework for the legitimate exercise of governmental power, and when joined by a Charter of Rights for the unremitting protection of individual rights and liberties. It’s pretty inspiring stuff,” Rowe said.

In his speech, Rowe also raised that Aboriginal and treaty rights sit in section 35 of the Constitution Act (1982) distinct from the Charter, with roots in historical relationships and constitutional protection that guides contemporary nation-to-nation dealings.

He closed his remarks by citing The Tempest, urging students to pair youthful optimism with Prospero’s caution as they enter a “brave new world.”