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"If a judge is really firm on something there's no point in trying to force a consensus, she will not waste her time, but if she sees there are areas that are really soft and it's not a question of principle, she might use those techniques." Former Supreme Court of Canada justice Marie Deschamps says. "If a judge is really firm on something there's no point in trying to force a consensus, she will not waste her time, but if she sees there are areas that are really soft and it's not a question of principle, she might use those techniques." Deschamps emphasizes the chief justice is always careful to use official channels, such as memos, and "she is not the kind to come into an office and twist an arm." McLachlin concurs she has never tried to discourage dissenting opinions; in fact she has written a fair number herself, particularly during her first decade on the court, when she was among the judges most likely to disagree with her colleagues. However, she affirms she tries to encourage discussion so differences can be ironed out if some judges are not too far apart on an issue. "One of the things we've been working towards in recent years, and I don't take credit for this, I think it's my colleagues, all of us, try to eliminate unnecessary concurrences, unnecessary voices, and we talk a lot, we discuss a lot," she says. "It's this discussion that leads us often to eliminate some of the differences which have been CYBERBAHN™ LITIGATION SUPPORT SERVICES Issuing a claim in Toronto? Filing a motion in York Region? Seeking an injunction in Halton? Serving several parties across Canada simultaneously? We'll do it all for you – quickly, accurately and efficiently. With Legal i Link™, our secure online system, you can submit, print and track the status of your request 24/7. We make the litigation support process exactly what it should be – perfectly seamless. FOR FAST, EFFICIENT LITIGATION SUPPORT SERVICES Visit www.cyberbahn.com Call 416-687-7961 or 1-800-267-0183 option 4 28 J u ly 2013 www.CANADIAN L a w ye r m a g . c o m there had we not engaged in it. . . ." Donald Songer, a U.S.-based Supreme Court of Canada scholar, notes in an academic essay that several judges whom he interviewed for his 2007 book, The Transformation of the Supreme Court of Canada: An Empirical Examination, reported there was "informal pressure to work out differences among the justices." One judge, for instance, recounted how in post-hearing conferences, "the person designated to write the majority opinion will frequently say something like, 'If I write the opinion in such and such a way, would that satisfy the concerns that have been expressed?"' Another judge said he constantly reminds himself "we are not just soloists" but a choir. While he feels free to dissent when his differences on principle are "major," he "looks first to try to get consensus," wrote Songer. John Major, a retired Supreme Court judge who now works in the Calgary office of Bennett Jones LLP, emphasizes the chief justice "can't tell anybody what to do, she really has to try to, by the power of persuasion, by example, bring people along." He says McLachlin's greatest strength in fostering consent is the power of solid written reasoning, which he says can be persuasive enough to bring less-committed colleagues onside. "I think increasing consensus has to be done by the power of persuasion through your writing," says Major. "If you write a judgment that is compelling, the chances are you'll get more judges agreeing than otherwise." Larry Downing REUTERS Seen here with former U.S. president George W. Bush, McLachlin is described by a former SCC colleague as a great ambassador for the court.

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