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Opening of the Courts - 2026


Opening of the Courts – 2026
Remarks of the Honourable Chief Justice Patrick Boucher
September 29, 2026

I. Introduction

Welcome, everyone, to this year’s Opening of Courts.  Thank you for joining us.

It is a distinct privilege to be here today.  This is my first public address after being sworn in as Chief Justice of Ontario’s Superior Court of Justice.  It is also the 80th anniversary of this special sitting.  I am truly honoured and humbled to join Chief Justice Tulloch, Chief Justice Niklas, and all of you today to mark this occasion.

I want to begin by recognizing and expressing my sincere appreciation to former Chief Justice Geoffrey Morawetz.  For 21 years, as a judge, Team Leader of the Commercial List, Regional Senior Judge of the Toronto Region, and as Chief Justice for almost seven years, he served our Court with deep conviction and sincere care.  In the years in which I had the pleasure of working alongside him, he was always a fair, trusted, and collaborative leader.  As many of you know, shortly after being appointed Chief Justice, he was forced to lead the Court through the COVID-19 pandemic.  Undaunted, he worked with Attorney General Doug Downey, Deputy Attorney General David Corbett, and many others not merely to sustain the Court through the crisis, but to position it for progress, to emerge even stronger and more capable.  What followed was the Court’s long-overdue modernization, an unprecedented growth that remains ongoing and, as such, continues to improve our ability to serve the public.  Because of his commitment, vision, and stewardship, his legacy will live on in our Court for many years to come.  On behalf of all the judges of the Ontario Superior Court of Justice, I extend my profound thanks to former Chief Justice Morawetz for his distinguished leadership and for all his tireless work to make our Court a better public institution.  We wish him the very best.

II. Our Collective Commitment

This ceremony is an important opportunity for Ontario’s courts to speak publicly to all justice system stakeholders.  It is a chance for them to highlight their recent activities and chart their progress ahead.  More significantly, the Opening of Courts is an opportunity for all of us to reflect on the fundamental principles that must define and animate our justice system, and indeed our constitutional democracy, every day.  As Chief Justice Tulloch has previously described it, we come together annually to “reaffirm our commitment to a strong and independent judiciary; to redouble our promise to enrich and enhance public confidence in the administration of justice; and to reassert our pledge to uphold the rule of law for the people of Ontario.”[1]

Importantly, we do this together.  After all, the strength and vitality of our justice system do not rest with any single leader or person.  It requires a community bound by a shared sense of purpose.  It is sustained by the individual commitments – your commitments – to those same fundamental principles we reaffirm at this special ceremony.  Leaders of the executive and judicial branches of government; members of the judiciary; court administrators; members of the bar and its associations; the Law Society of Ontario; members of our law enforcement community; Legal Aid Ontario; Pro Bono Law Ontario; legal clinics; community-based advocacy groups; members of the media, and educators – each of you weaves your own indispensable thread into the fabric of our province’s justice system.  At its heart, therefore, the Opening of Courts is a gathering that honours our collective commitment to this essential pillar of our constitutional order and, above all, to the people it exists to serve.

III.        The Court at a Glance

We should all take pride that this same collective commitment has resulted in Ontario’s justice system being held in such high regard around the world.

For its part, the Ontario Superior Court of Justice is among the largest superior courts in the country with more than 329 judges, 25 associate judges, and 252 deputy judges.  Our judiciary, over half of whom are women, come from a diverse range of professional and cultural backgrounds.  They also continue to shoulder the greatest workload of any other provincial superior court.  Our Court serves approximately 16,000,000 people – almost 40% of Canada’s population – through 52 locations covering more than 1,000,000 square kilometres.  Like the Court’s geographical expanse, the matters it hears are also vast.  Our Court hears civil, family, and serious criminal matters.  It also hears numerous statutory appeals, judicial reviews, and applications for extraordinary relief related to administrative action, as well as appeals of some family and child protection matters and summary convictions, along with small claims disputes.  Last year alone, the Court received almost 190,000 new proceedings.  Every day, our judges work incredibly hard, both inside and more often outside of the courtroom, to fairly, impartially, and expertly administer justice to all those before them, knowing that the public’s trust in our justice system hangs in the balance.  In the process, they regularly influence the development of the law across Canada and internationally.  To every judge of this Court, thank you for your tireless dedication and public service.

Our Court also benefits from exceptional leadership.  Associate Chief Justice Faye McWatt, Senior Family Judge Suzanne Stevenson, and the Court’s eight Regional Senior Judges, I am truly fortunate to assume the duties of the Court’s Chief Justice knowing that I can rely on such capable colleagues.  I am grateful for your partnership and look forward to all we will accomplish together.

Likewise, thank you to all employees of the Court Services Division and to the staff of my office, including the Executive and Deputy Executive Legal Officers, counsel, managers, scheduling staff, judicial assistants, as well as all project and administrative support.  Your professionalism, dedication, and hard work sustain the administration of justice every day. You should take great pride in your contributions. Without your commitment, the justice system could not function effectively.

I would also like to acknowledge the Ministry’s Chief Administrative Officer, Erika Cotter, and the Assistant Deputy Attorney General of the Court Services Division, Katie Wood. You bring a collaborative and solution-focused approach that is essential to advancing the administration of justice. I look forward to continuing our shared work to provide the people of Ontario with a modern, secure, and accessible justice system supported by well-trained and well-resourced court staff.

This work is guided by a clear vision for the Court’s future and reflects our commitment to continuous improvement in the public interest. Last year, and for the first time in its history, the Court published a detailed, five-year strategic plan, Leading the Justice System into the Future. The plan sets out an ambitious roadmap for strengthening the administration of justice and ensuring that the Court continues to evolve in response to the needs of the people it serves.

That plan, which is available on the Court’s website, outlines an array of operational objectives intended to enhance the Court’s ability to deliver accessible, timely, and affordable justice.  As outlined in its most recent biennial report, which is also available online, the Court has significantly advanced many of these objectives, some of which I will describe in a moment.  I look forward to the Court realizing the remainder of this vision.

At the same time, our Court continues to confront significant challenges.

Since our judicial complement was last increased in 2022, Ontario’s population has grown by more than 1,000,000 people.  During that same period, both the number of new proceedings the Court has received and the complexity of the cases it hears, have continued to increase.  Greater caseloads and more complicated disputes—often involving more issues, more evidence, or frequently both—have, in turn, added to our backlogs and wait times.  Looking ahead, the province’s projected population growth will only add further strain.

Thankfully, over the past year, we welcomed 22 new judges and three new associate judges.  I want to convey my sincere appreciation to Minister Fraser and Attorney General Downey, the Commissioner for Federal Judicial Affairs, and the Judicial Appointments Advisory Committees for all their work related to these appointments.  Your integral role in the appointment process has a direct bearing on our justice system’s health.  These appointments certainly help.

Still, to be able to deliver timely justice in all areas of its responsibility, the Court needs more judges.  As we have emphasized for several years now, our Court’s current judicial complement cannot sustainably meet its existing demand.  As of today, our Court has 14 vacancies.  I appreciate that the appointment process is rigorous, careful, and thorough, as it should be, and thus requires time.  Filling those vacancies, however, is only a necessary start.  Even if the Court were at its full compliment, the need for additional judicial resources would remain.  It was for that reason that we recently submitted our annual business case to the Department of Justice requesting an additional 30 judges.  Attorney General Downey, thank you for supporting our request.

Ultimately, this reality underscores the importance of our cooperative effort.  The Court and its judges are independent, but they do not operate in isolation.  The Court cannot serve the public effectively without enough judges, just as it cannot fulfil its duty without the modern technology, appropriate infrastructure, and adequate resources that only our governments can provide.  Equally, other operational challenges can be addressed only through the collaborative and creative commitment of all justice system stakeholders to the ideals by which we want our justice system to be defined.  The Court is doing what it can to improve the way it serves the public.  But meaningful and lasting progress will require that we all work together to find ways to ensure that our justice system is the one that the people of Ontario need and deserve.  To that end, I look forward to strengthening our relationships and finding new ways of working together to enhance the administration of justice in our province.

IV. The Year Ahead

Over the coming year, and further to its strategic plan, our Court will be guided by three major priorities.

Modernization

The first is the Court’s continued modernization.  The administration of justice in a digital environment is now a daily expectation, if not already a procedural requirement.  Last year, for example, almost 75% of the documents our staff processed were received online, while over half of the appearances before our Court were virtual.  Our transformation into a more modern and efficient public institution remains steady.

CDT

Last October, the monumental Courts Digital Transformation initiative, or “CDT”, was successfully launched in Toronto for all civil, family, Divisional Court, and small claims matters.  In short, CDT replaces our Court’s currently disconnected technologies in Toronto Region with one seamless, end-to-end solution.  The result is a new online portal connected to a new case management system that, in turn, is integrated into Case Center, the Court’s hearing management platform.  In practical terms, this means that, among other benefits, parties will only ever have to file materials once and that the Court will gain more comprehensive, reliable operational data.

This is a monumental and transformative investment in Ontario’s justice system.  Accordingly, its implementation demanded an equally extraordinary effort.  That effort was led by a dedicated partnership between our Court’s Office of the Chief Justice, the Ministry of the Attorney General’s Courts Digital Transformation and Court Services Divisions, the Ontario Court of Justice, Justice Technology Services, and Thomson Reuters.  I want to sincerely thank this team, including Deputy Attorney General Corbett, Assistant Deputy Attorney General Peter O’Keefe, Jessica Smith, Carole Pham De-Leon, Eric Ward, Mounir Makarem and the Court’s lead Michelle Bouthiette and her team.  The launch’s success is proof of their dedication and coordination.  This team also deserves considerable thanks for continuing to listen actively to user feedback and implement improvements, all the while preparing to extend this enhancement to Toronto’s criminal matters next year and, thereafter, across the Court’s other regions.  I also want to thank all the bar organizations, lawyers, paralegals, and legal staff who participated in the consultation, testing, and training to support this rollout.  The launch would not have been a success without you.

Technology in Courtrooms

In addition to CDT, the Ministry of the Attorney General has also now outfitted over half of our courtrooms with commercial-grade equipment to ensure they can conduct hearings in any mode, whether in person, virtual, or hybrid.  Like CDT, this a critical investment in the justice system’s modernization.  The Court continues to work collaboratively with the Ministry to see that the remainder of our courtrooms across the province have this same capacity.  Again, thank you Assistant Deputy Attorney General O’Keefe and your team for helping the Court to evolve.

Access to Justice

The Court’s second major priority is to enhance access to justice.  Put simply, the Court exists to serve the public.  That is not merely an operational objective; it is a constitutional imperative.  The bottom line is that to meaningfully improve its ability to enhance access to justice, the Court needs additional judicial resources.

At the same time, access to justice can only be achieved if court proceedings, whether conducted in person or virtually, take place in a safe and secure environment.  The administration of justice depends on the ability of judges, court staff, counsel, litigants, witnesses, and members of the public to participate in court processes without concern for their safety.  I am grateful for the recent steps taken by the government, police services, and justice-sector partners to strengthen courthouse security, and I remain encouraged by the shared commitment to addressing emerging security challenges. While these efforts are important, further work remains. There is a need to assess security measures across the province and establish minimum security standards for courthouses. Given the significant variation in courthouse facilities, infrastructure, and resources, a consistent baseline of security protections is essential to ensuring that all courthouse users benefit from an appropriate and reliable level of safety, regardless of location. Achieving this objective will require continued collaboration, sustained investment, and a sense of urgency commensurate with the importance of the issue.

In the interim, the Court continues to advance several initiatives aimed at improving the timely delivery of justice and enhancing public access to its processes more generally.

Civil

With respect to civil matters, I know that many are wondering about the Civil Rules Review.  Last October, the Working Group tasked with reviewing the Rules of Civil Procedure delivered its Final Policy Report, recommending a new model for conducting civil litigation.  Under this model, judges will play a dramatically increased role in case conferencing and eliminating procedural delays, thereby helping parties move more quickly to a hearing on the merits.  As part of this vision, the Working Group offered many recommendations intended to improve our civil justice system.  Like Attorney General Downey, I want to thank Justice Boswell, Allison Speigel, and the rest of the Working Group for all their hard work and courageous vision.  Change of this recommended magnitude is best implemented wisely, not quickly.  Thus, as former Chief Justice Morawetz and Attorney General Downey announced earlier this year, the changes resulting from this initiative will be implemented using a staged approach beginning later this year.

Criminal

To help address the Court’s criminal caseload, former Chief Justice Morawetz and Deputy Attorney General Corbett recently began to co-chair a new Criminal Roundtable.  This forum is now facilitating a discussion between the Court; the Ministry of the Attorney General’s Court Services, Criminal Law, and Indigenous Justice Divisions; the Ministry of the Solicitor General; Public Prosecution Service of Canada; as well as various criminal justice stakeholders, including, Legal Aid Ontario and the Criminal Lawyers’ Association.  As its new co-chair, I look forward to meeting regularly with the Roundtable’s members to explore how the Court can improve its case management and scheduling practices.

Family

With respect to our family law matters, the Court is currently working to expand its Family Court Branch in Brampton.  Unlike the Court’s generalist locations, this Branch, our “Unified Family Court,” provides litigants access to specialized family judges and the ability to have all their legal issues resolved in a single location.  Given the improved access to justice this Branch provides families in need, the Court is pleased to be working with the Ministry of the Attorney General’s Court Services Division and the Ontario Court of Justice to see its expansion, something for which it has advocated more broadly for many years.

In the fall, Senior Family Judge Suzanne Stevenson will also be meeting with the Court’s Lead Family Judges and other senior members of the judiciary to explore solutions for resolving family disputes earlier.  The forum will provide an opportunity to share best practices, discuss effective case management, and explore further ways to improve the delivery of family justice.

Additionally, the Court and Ministry of the Attorney General continue to explore enhancements to the Dispute Resolution Officer or “DRO” program.  Under this program, senior family counsel conduct certain case conferences, providing parties a neutral evaluation of their case, facilitating settlement, and helping them manage their disclosure obligations and court-readiness.  Following its expansion to Ottawa earlier this year, the DRO program now exists in 13 court locations.  Given the program’s success in facilitating settlement, streamlining case management, and promoting access to justice, the Court and the Ministry are now considering how these services might be shared among other sites within the same region.

Our Indigenous Peoples

Across all areas of its responsibility, the Court is also committed to making space for Indigenous perspectives and practices.  After implementing a policy that allows parties to make a land acknowledgement, the Court is now working with the Ministry’s Indigenous Justice Division on a multi-faceted initiative to accommodate witnesses who want to swear or affirm the truth of their evidence using an Eagle Feather.  As part of this initiative, our judges will be receiving a teaching about this practice tomorrow.

Our Court is also finalizing a pilot project to assist Indigenous families involved in the child protection system.   Developed together with the Hamilton Native Women’s Centre and its working circle of Indigenous leaders, legal professionals, child welfare agencies and other community partners, this pilot will soon see our Hamilton Family Court offer Ontario’s first Indigenous Child Protection Healing Conferences.  This process will offer a more culturally sensitive and healing-focused alternative to the conventional case conference process in child protection matters.

Public Confidence in the Administration of Justice

Our third priority is to strengthen public confidence in the administration of justice.  In recent years, we have heard repeated concerns about the erosion of public trust in our democratic institutions and in our courts.  This is deeply troubling.  When public confidence in our justice system begins to weaken, so does the rule of law.  This is why we must be especially vigilant when those in positions of authority speak publicly about courts, judges, or legal institutions in ways that undermine their legitimacy.  Such language may seem momentarily intemperate, but its effects are no less consequential: in the eyes of many, it weakens respect for our legal order.  For that reason, I want to thank the many organizations that, over the last year, issued statements affirming the importance of judicial independence and the essential role it plays in our constitutional order.

At the same time, the justice system itself must continually earn the trust on which it depends.  That trust is sustained through accessibility, transparency, and the timely and affordable delivery of justice.  Public confidence in the rule of law and in the courts’ ability to uphold it necessarily entails that the public understand what we do.  That is why we are working more actively with the media to respond to their needs, whether in form of helping them to access court materials or address more systemic challenges to their ability to report accurately and reliably on the Court’s activities.  Similarly, through the work of our Community Engagement Advisory Committee, our judges will speak this year to several college and university classes across the province about our Court and the justice system.  This work is vital.  A public that understands the role that courts play in a free and democratic society is better equipped to maintain confidence in them, even when they or others disagrees with a particular decision.

V. Closing

In closing, let us remember the man who inaugurated this ceremony 80 years ago in Ontario: former Chief Justice of the High Court James McRuer.  Upon becoming Chief Justice, he resolved to travel throughout the province to personally preside in each of the 48 county and northern districts in which certain courts were held.  His purpose was instructive and inspiring.  He wanted to meet the justice system’s officials, evaluate their effectiveness, and familiarize himself with the local communities to “guarantee that all the people of Ontario had equal access to the courts and that they themselves believed in their equality under the law.”[2]  As we mark this 80th anniversary of the Opening of the Courts, let us have this same resolve to secure the equal and effective access to justice for everyone in Ontario.

Thank you.  Merci.  Miigwech.

[1] The Honourable Michael Tulloch, “Opening of the Courts of Ontario for 2024” (23 September 2024), online: Court of Appeal for Ontario <https://ontariocourts.ca/coa/about-the-court/archives/opening-of-the-courts-2024>.

[2] Patrick Boyer, “A Passion for Justice: The Legacy of James Cahalmers McRuer” (Toronto: Toronto University Press, 1994) at 178.


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