Canadian Lawyer

vocalized her goals for the court, one of which was to increase consensus. The court was widely decried as being too fractured at the time and, as a consequence, handing down too many divided rulings that left the legal community confused about the direction of the law. Another aim was to increase public outreach, which McLachlin has pursued at a frenetic pace. She has seized technology to provide online tours of the court, implemented media lockups so journalists are briefed about judgments before they are released, introduced online streaming of hearings, posted written arguments online, delivered a dozen or more speeches a year in Canada and internationally to educate the public about the working of the court, freely granted media interviews, and regularly attended official social functions in Ottawa. On any given Monday morning, it is not unusual to see a photo of her that was taken at a weekend event, often involving the arts. "She is everywhere," says former Supreme Court justice Marie Deschamps, who stepped down last year. "She is an outstanding ambassador." Deschamps, who joined the court in 2002, recounts how she was taken by surprise when the chief informed her one of her expected duties was to help shed light on the court. Deschamps says she only accepted speaking invitations close to home in those days because she had a young family, until the chief advised her it was time for her to expand her horizons beyond Ontario and Quebec. For her part, McLachlin explains "it's important not to be this closed silo, this ivory tower that never communicates with other institutions or the public." She modestly rejects, however, the premise that the court was a closed shop until she took over, saying her efforts at reaching out are part of a continuum that began with her predecessors, who initiated press briefings, giving speeches, allowing cameras in the courtroom, and creating the position of executive legal officer to speak on the court's behalf. Another McLachlin initiative, however, is viewed as being uniquely her own — a quest to increase consensus on the court, so judgments have fewer differing voices and therefore provide more certainty and clarity for the legal community and the public. The In her 13 years as chief justice, McLachlin has often been seen on the internationl stage as the face of Canada's much respected justice system, including a 2007 trip to the Federal Supreme Court of Brazil. very careful, she's more like asking questions," says Deschamps. Sometimes, the bench reaches consensus after the informal discussion, other times they don't, so the judges take turns formally sharing their thoughts on an issue, in reverse seniority, so the junior judges are not intimidated by the senior judges. After that, the chief canvasses for volunteers to draft the decision. She then finalizes the "I would hope that I'm seen as a competent jurist who did her best to decide cases that came before her as well as she could and conscientiously. I would hope with respect to my role as chief justice, I'm seen as having presided over a productive, respected court." chief, who is formally only one of nine judges on the court and does not have the same influence, say, that the prime minister has over his cabinet, must use the power of persuasion when she wants the court to speak with one voice. Deschamps, when asked how she would describe the chief justice's leadership style, says first and foremost, she is a "consensus builder." The way it works, Deschamps explains, is after each hearing, all judges gather in their conference room, where the chief justice summarizes what she thinks are the main issues, followed by an informal discussion. "The chief would participate, but she's author or authors in an agenda she distributes every two weeks, taking into account such things as expertise, a judge's availability, and the one, or more than one, who best express the sentiment of the majority at that point. In the pre-McLachlin era, there was no informal discussion before judges spoke in turn, and senior judges got their pick of rulings they wanted to write. "Another technique that [McLachlin] would use is that she would write a memo listing difficulties that she sees," elaborates Deschamps. "She will highlight areas where the first drafter can emphasize or tone down so that he can bring in more voices," she www.CANADIAN L a w ye r m a g . c o m J u ly 2013 27 Gervásio Baptista/Agência Brasil Chief Justice Beverley McLachlin

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