Suzanne Côté

Suzanne Côté, justice of the Supreme Court of Canada, litigation lawyer, educator (born 21 September 1958, in Gaspé, QC.) One of Canada’s leading business lawyers, Suzanne Côté headed the litigation groups at Stikeman Elliot LLP and at Osler, Hoskin & Harcourt LLP. She also lectured in litigation, evidence and commercial law at the Université du Québec à Rimouski and the Université de Montréal. In 2014, she became the first woman to be appointed directly from a private law practice to the Supreme Court of Canada. She is currently one of three Quebec justices on the bench.

Early Life

Suzanne Côté was born and raised in Gaspé, Quebec. Since the age of 11, she wanted to be a lawyer. Côté earned her law degree at the Université Laval. She was called to the Bar of Quebec in 1981.

Practicing Law

After graduation, Côté returned home and purchased half of a small law practice. She became involved in her community and was president of both the Gaspé Chamber of Commerce and the Chambre de Commerce de la Gaspésie. She also served on the board of directors of the Société d’histoire de la Gaspésie.

Côté left Gaspé in 1988 to become a commercial and civil litigator at the Montreal office of Stikeman Elliot LLP. She was with the firm for 23 years and led its litigation group. In 2010, Côté became the head of litigation at Osler, Hoskin & Harcourt LLP. She later became a partner there. While practicing law, she also taught litigation and evidence, and lectured at the École du Barreau du Québec, Université du Québec à Rimouski and the Université de Montréal.

Côté often represented corporations and led many high-profile cases. Among them was a 2012 class action suit in which thousands of Quebec smokers sued Canada’s biggest tobacco companies for $27 billion. Côté represented the companies and argued that they had broken no laws, obeyed government regulations and that no one could be unaware of the dangers of smoking. The tobacco companies were ordered to pay $15 billion. Côté then began the long appeal process.

Cases she argued at the Quebec Court of Appeal, Federal Court and the Supreme Court of Canada further enhanced her national reputation. She was named one of Canada’s 25 best lawyers by Lexpert in 2003 and litigator of the year by Le monde juridique in 2008. In 2014, she was listed in the Chambers Global guide of the world’s leading business lawyers.

Supreme Court of Canada

On 27 November 2014, Prime Minister Stephen Harper nominated Suzanne Côté to the Supreme Court of Canada. He praised her as “one of the most experienced litigators in the country with extensive expertise in civil and commercial litigation over a distinguished 34-year career.” She was appointed to the Court on 1 December 2014. Côté replaced Justice Louis LeBel to serve as one of Quebec’s constitutionally mandated three Supreme Court justices. Côté restored the Court’s gender balance as its fourth woman. She was also the first woman to be appointed to the Court directly from private practice.

Côté has written or co-written many important decisions. In Quebec v. Bombardier (2015), a man claimed to have been subjected to racial discrimination in the workplace. Côté and Chief Justice Richard Wagner’s argument clarified the definition of prima facie discrimination and the evidence needed to prove it, even in instances involving national security.

Another important case was Fleming v. Ontario (2019). It involved a man who claimed the police had overstepped their legal authority when he was arrested to prevent a potential “breach of the peace.” In stating that the police did not have the right to preventively arrest someone, Côté and the other justices restricted the rights of police under the ancillary powers doctrine and held in favour of individual rights.

Côté has written far more dissents than her colleagues. Many of these involved leave decisions; that is, disagreeing with other justices on which cases should be heard by the Court. Côté explained in an interview, “It would be very boring and, I think, very bad for justice, to have nine judges always thinking the same way.”

Controversies

Shortly after Côté was appointed to the Supreme Court, it came to light that she had been involved in a lengthy legal battle years earlier related to her provincial income tax. She had attempted to deduct more than $200,000 over a three-year period for personal care and clothing. The Quebec Revenue Agency objected to this, and Côté took them to court over the matter. It was eventually settled out of court.

Other Activities

Suzanne Côté served on the board of the Fondation Duceppe, which stages plays at Montreal’s Place des Artsand the board of the Canadian National Institute for the Blind (CNIB). She has also long been involved in the annual Coupe Guy-Guérin trial advocacy competition.

Personal Life

Côté is married to Gérald R. Tremblay, who is a partner at the Montreal law firm McCarthy Tétrault. (He is not to be confused with former Montreal mayor Gérald Tremblay.) Tremblay was made a Member of the Order of Canada in 2003 for his charitable work and efforts to advance the practice of law. He was made an Officier of the Ordre national du Québec in 2005.