In a letter responding to recent coverage of Chief Justice Richard Wagner's warnings against attacks on courts and judges, Erin Thiessen of Kanata, Ont., contends that judges—including those on the Supreme Court—do not have the right to declare themselves above criticism. Thiessen argues that critics are not questioning the institution of the judiciary itself, but rather the humans who serve within it.
Institutions vs. Humans
Thiessen writes that institutions are designed to serve specific purposes over long time frames and can be robust if well cared for, but can also be hijacked if abused for other purposes. Humans, by contrast, are inherently fallible, possessing biases shaped by genes, experiences, and environment. They often believe their strongly held views are the only correct ones.
Thiessen states: "Judges — even those on the Supreme Court, including Chief Justice Richard Wagner — do not get to declare themselves above criticism." She warns that when judges fail to acknowledge their potential shortfalls with humility, they prove themselves incapable of distinguishing themselves from the institutions they serve, rendering them unfit for purpose.
Critique of Living Tree Law
Thiessen also criticizes current jurisprudence for moving into "living tree" law arguments and hypotheticals that undermine written law. She suggests this trend makes written law less robust because it is assumed courts will change it anyway.
Other Letters: Conrad Black and Climate Change
In a separate letter, a 101-year-old reader responds to Conrad Black's June 13 opinion piece. The reader, who describes having 101 years of experiencing weather, disagrees with Black on climate change, stating it is not "fiction" and that fires, floods, and heat waves in May are not normal. The reader notes giving millions to address climate change and installing geothermal heating at home, calling it cheaper than oil.
The reader also clarifies that they do not oppose gender and decolonization studies at university if they encourage factual thinking, contrary to Black's claim.
