Remarks of the Honourable Michael H. Tulloch Chief Justice of Ontario
Opening of the Courts of Ontario. September 29, 2026.
Introduction
It is an honour to preside over this special sitting of Ontario’s three courts alongside my colleagues, Chief Justice Patrick Boucher and Chief Justice Sharon Nicklas.
Bienvenue à toutes et à tous. C’est un honneur de présider cette séance spéciale réunissant les trois cours de justice de l’Ontario.
Today, we welcome judges and justices of the peace, government leaders, members of the legal profession, public servants, law enforcement representatives, educators, community leaders, members of the media, and members of the public.
Although we serve in different roles, we share a common responsibility: to sustain a justice system that is fair, timely, accessible, effective, and worthy of public confidence.
And I want to begin with the principle that makes all of that possible: the rule of law.
The Rule of Law
Canada is a country governed by law.
That simple proposition lies at the foundation of our democracy and of the society we have built.
No person and no institution is above the law, and no one is beneath its protection. Our rights and freedoms are protected by law, and when disputes arise, we entrust their resolution to independent and impartial courts.
These principles are so deeply embedded in Canadian life that it can sometimes be easy to take them for granted.
But we should not.
Earlier this month, I was reminded of that in a very personal way.
I met an Ontario lawyer who has built a busy and successful civil litigation practice. He grew up in a country where, in his words, “there was no rule of law.”
The law existed, but it was applied arbitrarily. The judiciary was not independent, and legal institutions too often served those in power.
He became a lawyer but eventually became disillusioned. He wanted to live in a society where the law applied equally, where courts were independent, and where legal institutions served justice rather than power.
And so, he came to Canada.
He qualified to practise law in Ontario and built a successful career. Today, he is a leader in our bar and a trusted adviser and advocate for his clients. He now says, proudly, that he feels he lives in the best country in the world.
I am very pleased that he is with us today.
His story resonates with me.
Many families, including my own, came to Canada seeking safety, stability, freedom, and opportunity.
Those things depend, in no small measure, upon the rule of law.
They depend upon knowing that the rules will not change according to who you are or whom you know. That rights will be protected. That disagreements can be resolved peacefully. And that when we enter a courtroom, the law, not power or privilege, will determine the outcome.
That certainty also matters to our prosperity. People invest, build businesses, create jobs, and plan for the future because they have confidence in our institutions and in the stability of our laws.
That is what the rule of law makes possible.
But we should never confuse confidence in our institutions with complacency about them.
Strong institutions are not perfect institutions. They are institutions willing to listen, to learn, and to improve.
And if the promise of the rule of law is to mean something, it must mean something for everyone. That requires us to confront those moments in our history when our institutions have fallen short of that promise.
Truth and Reconciliation
Earlier today, the Court of Appeal judges and staff had a seminar on the continuing work of truth and reconciliation.
We had the privilege of hearing from our colleague, Chief Justice Leonard Marchand, Chief Justice of British Columbia, who reflected on our history, the experiences of Indigenous peoples within the justice system, and the responsibility of courts to contribute meaningfully to reconciliation.
That discussion was especially timely.
Tomorrow, on the National Day for Truth and Reconciliation, we will remember the children who never returned home, the survivors of residential schools, and the families and communities that continue to live with their lasting consequences.
For courts, reconciliation requires us to deepen our understanding of Indigenous histories, legal traditions, treaties, and lived experiences, and to ensure that Indigenous peoples encounter a justice system that listens and treats every person with dignity.
That work requires humility, openness, learning, and action.
And those same qualities must guide how we approach our institutions more broadly.
Preserving and Strengthening Our Institutions
There remains much to improve in our justice system. But its foundations are sound, and they are worth preserving and strengthening.
Democracy and the rule of law do not protect themselves.
At a time when institutions are under pressure in many parts of the world, we are reminded that hard-won gains can be lost.
We should not discourage criticism. As Her Excellency the Right Honourable Louise Arbour has observed, strong institutions permit different views to be expressed.
Public debate and criticism are essential to democracy. But they are most productive when they are informed and grounded in fact.
Public confidence is not preserved by avoiding scrutiny. It is strengthened through transparency, accountability, informed criticism, and a willingness to improve.
And improvement requires cooperation.
Courts must remain fiercely independent in their adjudicative work. But judicial independence does not require institutional isolation.
Since becoming Chief Justice, I have been particularly struck by the cooperation among Ontario’s three courts and our many justice partners.
In that regard, I wish to recognize former Chief Justice Geoffrey Morawetz, who recently retired. Throughout his distinguished career, he brought sound judgment, practical leadership, and a deep commitment to the administration of justice.
On behalf of Ontario’s judiciary, I thank him for his exceptional service and wish him every happiness in retirement.
I am also delighted to welcome Chief Justice Patrick Boucher.
Chief Justice Boucher, together with Chief Justice Nicklas, I look forward to continuing the close cooperation among Ontario’s three courts and with all our justice partners.
But cooperation must be matched by adequate resources.
At last year’s Opening of the Courts, I spoke about the need to increase the Court of Appeal’s judicial complement.
We are pleased that Parliament has now authorized two additional positions, the first increase in our full-time judicial complement in 19 years. This is an important and welcome development, and I acknowledge the federal government’s commitment to a strong, effective, and independent appellate court.
At the same time, Ontario is Canada’s most populous province, with approximately one-third of the country’s population. The matters coming before our Court continue to grow in complexity, and importance, and timely appellate justice requires judicial resources adequate to meet those demands.
The two additional positions represent meaningful progress. But the needs of the Court continue to require additional judicial resources, and we will continue to work constructively with the federal and provincial government to ensure that the Court has the capacity necessary to fulfil its responsibilities to the people of Ontario.
A Year of Progress
Resources are important. But we also have a responsibility to improve how we work.
Our recently published Annual Report for 2023–2024 provides ten years of statistics on our caseload and case processing and reflects our commitment to openness and accountability.
In April, we launched the Court of Appeal’s Public Portal, allowing electronic filing, access to hearing information, and greater public access to information about many civil cases.
This is not simply about technology. It is about public service and access to justice.
And serving the public means remembering that Ontario extends far beyond Osgoode Hall.
Last fall, our regional outreach took us to Thunder Bay, where we met with judges, lawyers, students, justice partners, community leaders, and members of Fort William First Nation.
Next week, we continue that work in London.
These visits allow us to listen and ensure that our understanding of justice is informed by experiences from across Ontario.
Of course, none of this work happens because of institutions or technology alone. It happens because of people.
And I want to pause to remember one person who, for many years, was a familiar and reassuring presence at our courts and at this ceremony.
Former Toronto Police Service Unit Commander of Court Operations, Eaton Hyde, passed away in January of this year.
For as long as I can remember, Commander Hyde was present at our Opening of the Courts Ceremonies. But his contribution went far beyond his presence here.
He was an exemplary Unit Commander who cared deeply about our courts and, especially, the officers and staff under his leadership.
He understood that court security is an essential part of the administration of justice, carried out every day, often quietly and without recognition.
We remember him today with gratitude.
His service reminds us of the many people who support our courts every day: our registrars, security personnel, police officers, ushers, court staff, counsel, law clerks, administrative staff, and many others.
Thank you for everything you do.
In this context, I also wish to recognize Shannon Chace, our former Executive Legal Officer, who was recently appointed a judge of the Superior Court of Justice.
Justice Chace, congratulations. You served our Court with distinction and inspirational leadership. We thank you and know that you will make an outstanding judge.
I would also like acknowledge our Deputy Executive Legal Officers, Anna Trbovich and Hayley Pitcher, who have stepped up to serve as acting Executive Legal Officers since Justice Chace’s appointment. On short notice they have ably and seamlessly taken on the role of leading the staff of our court during this period of transition. Thank you very much for your ongoing leadership.
Transition and Renewal
This has also been a year of transition for membership of our Court.
We marked the retirements of Justices William Hourigan and Sarah Pepall in the fall of 2025, Justice Janet Simmons this spring, and Justice Benjamin Zarnett last week.
Each made a profound contribution to the jurisprudence of this province and the administration of justice. We thank them for their distinguished service.
We were also pleased to welcome Justice Peter Osborne and Justice Lisa Brownstone.
They bring deep experience, sound judgment, and a strong commitment to public service. We are fortunate to have them as colleagues.
And renewal within the Court inevitably causes us to look forward.
The Year Ahead
One of the most significant changes confronting the justice system is artificial intelligence.
AI may assist with research, organization, and access to legal information. But it cannot replace the distinctly human responsibility of judging: listening, assessing evidence, understanding context, exercising judgment, and providing reasons.
No system can assume responsibility for a decision, explain its moral and legal basis, or be held accountable in the way a judge must be.
Technology must therefore serve, not displace, fairness, judicial independence, due process, and the rule of law.
And even as technology changes how we work, we must never lose sight of the human dimension of justice.
Supporting the well-being of judges and those who work within our courts strengthens sound decision-making, timely justice, judicial integrity, and the administration of justice itself.
Ultimately, all of these issues bring us back to the same question: whom do our courts exist to serve?
The answer is simple.
Courts exist for the public.
Every reform, every new process, and every institutional initiative must ultimately be measured by whether it helps people obtain justice that is fair, timely, accessible, and understandable.
And that brings me back to where I began.
The lawyer whose story I shared came to Canada because he believed in the promise of a society governed by law.
Our responsibility is to honour that promise for every person who looks to our institutions for fairness, protection, and justice.
The rule of law is one of our greatest collective achievements.
But it is not self-sustaining.
It depends upon strong institutions, an independent judiciary and legal profession, an informed public, and the daily commitment of people throughout our justice system.
Ultimately, it depends upon public trust.
The rule of law is a promise. And every generation has a responsibility to renew that promise.
Our task is to protect it, strengthen it, and make it real in the lives of the people we serve.
Let us continue that work together.
Thank you. Merci. Miigwetch.