Court of Appeal Justice Marc Richard appointed chief justice for New Brunswick

New Brunswick Court of Appeal Justice Marc Richard has been appointed the new chief justice for the province.

Prime Minister Justin Trudeau made the announcement on Friday morning, describing him as one of Canada's "pre-eminent jurists."

Richard "has been widely recognized throughout his 15-year judicial career for his ability to apply the law in a way that is both principled and thoughtful," Trudeau said in a statement.

"He leads by example, and I wish him well in this new role."

Richard, 59, replaces Justice Ernest Drapeau, who announced his retirement in February, after 20 years on the bench.

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He told reporters on Friday that he wants to continue Drapeau's effort to make the courts more accessible and understandable.

"I think we have an obligation ensure that the public has good confidence in the justice system, so transparency is important," he said.

I knew that if I was called to the bench, I would be happy. Never did I think that I was going to end up being the Chief Justice of New Brunswick.- Marc Richard, chief justice

"I would like to see more reporting of some of what we do, because there probably is a misunderstanding of what the role of the Court of Appeal is."

Richard said that's particularly important for people who can't afford lawyers and represent themselves in court and then in appeals.

"Their expectation [of the Court of Appeal] is sometimes different from what reality is … We can't retry cases. A lot of people expect us to retry cases."

Chief justices are appointed by the Governor General, on the advice of cabinet and the recommendation of the prime minister. They are responsible for the leadership and administration of their courts. 

They also serve as members of the Canadian Judicial Council, which works to improve the quality of judicial service in the superior courts of Canada.

Richard, a Moncton native who has Acadian roots and is bilingual, was appointed to the Court of Appeal in 2003 by Jean Chrétien's Liberal government.

He was among the first cohort of students to enter the University of Moncton law school after it opened in 1978, and is the first alumnus of the school to become the province's chief justice.

In the early days of the law school, "we had to work hard because a lot of the materials were not in French, so we had to learn the terminology as we went," he said.

"Over the years I knew that if I was called to the bench, I would be happy. Never did I think that I was going to end up being the Chief Justice of New Brunswick."

Richard's former law partner, John Barry of Saint John said Richard was one of two finalists for a Supreme Court of Canada appointment in 2016, which went instead to Justice Malcolm Rowe from Newfoundland and Labrador.

Barry said Richard is the most qualified jurist for the chief justice position here.

"There isn't a better appointment for that job in our province," Barry said.

"He was the only one who was proper for the job. He was head and shoulders above anybody else. He is a star."

'Intellect and empathy'

Richard declined to comment Friday on the controversy over changes to the Judicature Act passed in 2017. The Liberal amendments took away the power of Court of Queen's Bench Chief Justice David Smith to move judges on his court without government consent.

Richard said because there's a criminal appeal pending before the appeal court that touches on the issue, it would be inappropriate for him to discuss his views.

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The statement from the Prime Minister's Office announcing the appointment said Richard has earned a reputation for his "judgment writing, his generosity of spirit, and his genuine love of the law," reads the statement from the Prime Minister's Office.

He has "brought intellect and empathy to decisions in all areas of law heard by the Court of Appeal, including criminal, family, insurance, administrative, and constitutional law."

Richard said Friday that while he doesn't believe judicial activism is "a good thing," the courts have a role in defending constitutional rights.

"Since 1982 we've been given that awesome responsibility of making decisions on the validity of legislation, of passing judgment on government action as to whether or not it violates any aspects of the Charter of Rights, for example. We have to do our job. That's what the Constitution says."

In 2016, Richard denied Dennis Oland bail while he waited to appeal his second-degree murder conviction in the 2011 bludgeoning death of his father, Saint John multimillionaire Richard Oland.

Bail had never been granted to a convicted murderer in New Brunswick before and there had only been 34 cases across Canada in which someone convicted of murder was granted bail, according to Oland's lawyers.

Richard ruled "the confidence of the reasonable member of the public in the administration of criminal justice would be undermined" if Oland were to be released.

A three-justice panel of the Court of Appeal upheld his decision, but the Supreme Court of Canada later ruled Oland was wrongly denied bail.

"Parliament did not restrict the availability of bail pending appeal for persons convicted of murder or any other serious crime and courts should respect this," the country's highest court said.

Prior to his appointment to the bench, Richard was recognized as one of New Brunswick's foremost litigators and served as president of the New Brunswick branch of the Canadian Bar Association and president of the Law Society of New Brunswick.

He was named Queen's Counsel in 2002.

Drapeau is continuing to serve part time as a supernumerary judge.