Richard Wagner | The Canadian Encyclopedia

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Richard Wagner

Richard Wagner, PC, lawyer, justice of the Superior Court of Quebec, justice of the Quebec Court of Appeal, justice and chief justice of the Supreme Court of Canada (born 2 April 1957 in Montreal, QC). Richard Wagner has been a justice on the Supreme Court of Canada since 5 October 2012. An expert in litigation and commercial law, he is one of three justices on the bench from Quebec. He has been Chief Justice of Canada since 18 December 2017. He also served as administrator of the Government of Canada (interim governor general) for six months in 2021 following the sudden resignation of Julie Payette. As chief justice, Wagner has sought to make the Supreme Court more transparent and accessible.

Family and Education

Richard Wagner was born in Montreal in 1957. His mother was Gisèle (nee Normandeau). His father, Claude, was a lawyer, crown attorney, judge, and Quebec’s minister of justice. He was also a member of Parliament (MP) and a senator.

Inspired by his father’s legal career and love of debate, Wagner harboured an early desire to become a lawyer. In 1975, he graduated from the Collège Jean-de-Brébeuf, a private secondary school in Montreal. At the University of Ottawa, he earned a Bachelor of Social Sciences with major in political science (1978) and a Licentiate in laws (1979), graduating both cum laude.

Wagner married his wife, Suzanne, in February 1983. They have two children together: Catherine and Charles.

Practicing Law

Richard Wagner was called to the Bar of Quebec in 1980. He began practicing law as an associate at the Montreal firm Lavery de Billy, L.P.P. In 1988, he became a partner. Specializing in litigation and commercial law, he argued many cases before Quebec courts and the Federal Court. In only his third year with the firm, he argued before the Supreme Court of Canada.

Quebec Judge

In 2004, Wagner was appointed a judge of the Superior Court of Quebec for the district of Montreal. He ruled on civil, commercial and criminal cases. In 2011, he was appointed to the Court of Appeal of Quebec, the province’s highest court.

Among his high-profile cases was that of former Quebec Court of Appeal judge, Jacques Delisle. In 2012, Delisle was found guilty of murdering his wife. Wagner refused to grant Delisle bail and, later, to grant an appeal. Wagner demonstrated his concern with the broader repercussions of the case, writing, “The public, which has been well informed about the judicial system and the circumstances of this present case, risks losing confidence in the criminal justice system if I grant the request of the appellant."

Supreme Court of Canada

Supreme Court of Canada

On 2 October 2012, Prime Minister Stephen Harper announced Wagner’s nomination to replace Justice Marie Deschamps on the Supreme Court. The Prime Minister said, “Justice Wagner's candidacy comes following a rigorous and comprehensive evaluation process of his merit and commitment to legal excellence. Held in high esteem by his judicial colleagues and members of his bar association, he is an exceptional candidate with the skills and qualifications needed to serve Canadians well.” Wagner’s nomination maintained Quebec’s constitutionally mandated three justices on the Court. But there was criticism that it would reduce the number of women on the bench from four to three. (This was resolved with the appointment of Suzanne Côté in December 2014.)

Chief Justice of Canada

On 18 December 2017, the 60-year-old Wagner was sworn in as the 18th Chief Justice of Canada. He succeeded Beverley McLachlin, who had served in the position for 17 years before reaching the age of mandatory retirement.

Wagner pledged to make the Court more open and understandable to citizens. He insisted on the use of plain language in judgements and had them published online as Cases in Brief. He advocated for improved access to legal aid and for lawyers to accept more pro bono cases. He also signed a formal accord with the minister of justice that more clearly defined the Court’s independence from the federal government. The Court began producing an annual Year in Review summary that explained its decisions. Wagner began giving speeches and introduced the practice of holding an annual press conference.

Under Wagner, the Court heard cases outside of Ottawa for the first time. It travelled to Winnipeg in 2019 and to Quebec City in 2022. During the COVID-19 pandemic, Wagner ensured that the Court remained active and accessible by using technology that allowed virtual tours of the building, live broadcasts of hearings and use of social media.

Under Wagner’s leadership, the Court issued many important rulings. Among them was R. v Antic (2017), which clarified the criteria for granting bail; Ewert v Canada (2018), which ensured that methods used by prison authorities to deal with Indigenous inmates are fair and effective; and R. v Cyr-Langlois (2018), which determined what an accused needs to produce to rebut the results of a breathalyzer test.


Government of Canada Administrator

On 22 January 2021, Governor General Julie Payette resigned following allegations that she was abusive toward her staff. In keeping with constitutional convention, Wagner, as Chief Justice of Canada, assumed the responsibilities of the office until a replacement could be confirmed. Wagner was sworn in as administrator of the Government of Canada (interim governor general) on 23 January 2021.

Wagner continued as chief justice of the Supreme Court. But his new role also involved overseeing Rideau Hall staff, considering and granting royal assent to bills, signing cabinet orders-in-council, meeting with ambassadors, appointing people to the Order of Canada, and representing Canada at events and ceremonies.

In a June 2021 press conference, Wagner assured Canadians that his additional responsibilities “had an impact on my workload — but not on the work of the court.” His role as administrator ended on 26 July 2021, when Mary Simon became Canada’s 30th governor general.


Other Activities

Wagner has served on numerous committees for the Canadian Bar Association, the Bar of Montreal and the Bar of Quebec. He was a founding fellow of the Canadian College of Construction Lawyers (CCCL) in 1998 and served with the group until 2004. In 2002, he created the Centre d’accès à l’information juridique (CAIJ). It supports legal professionals and others through the provision of information and technology.

Wagner has served as a board member with CAIJ, the Conférence des juges des cours supérieures du Québec and the Canadian Superior Court Judges Association. He has also been chair of the Canadian Judicial Council, the National Judicial Institute and the Advisory Council for the Order of Canada, and a co-chair of the Action Committee on Court Operations in Response to COVID-19.

Honours and Awards

Richard Wagner has earned many awards for his public service. Among them are the Bar of Quebec’s Award of Merit (2005), the Medal of the Bar of Montreal (2022), and the World Jurist Association’s Medal of Honor (2023), which he accepted at a United Nations’ ceremony in New York. He also received an honorary Doctor of Laws from the University of Ottawa’s Faculty of Law in 2019.