BarTalk June 2000
Volume 12, Number 3

Bar welcomes Chief Justice Donald Brenner

On May 12, 2000, Prime Minister Jean Chretien announced the appointment of The Honorable Donald Brenner as Chief Justice of the Supreme Court of British Columbia. Chief Justice Brenner received his LLB from UBC in 1970. He was called to the Bars of BC (1971), NWT (1975), Yukon (1977) and Alberta (1978); appointed Queen’s Counsel in 1987, and appointed to the BC Supreme Court in 1992. He is well known among his colleagues for his leadership on Court committees related to Information Technology and Litigation Management, and for his commitment to improving efficiency and effectiveness in the Courts. The new Chief Justice kindly agreed to be interviewed by BarTalk within his first week in his new position. Below are excerpts from that interview.

BarTalk: How do you see the role of the Chief Justice over the next five to ten years?

First of all, the Chief Justice is one of the 86 judges of the Court and, in my opinion, should be an individual who continues to go into the court rooms and hear cases all around the province. Secondly, the Chief Justice is responsible for the administration of the court; basically, doing everything in his or her power to assist the justices of the court in being of service to the people of British Columbia. Those are the two largest components of the job. I also believe the Chief Justice has an obligation to look forward and try to do whatever can be done to improve access to justice. By that I mean reducing costs, increasing the speed with which matters can be resolved, and seeing matters disposed of not necessarily by proceeding to formal judgment, but being resolved through alternative means.

BarTalk: How do you see the roles of the Associate Chief and the Executive Committee?

I see the role of the Associate Chief Justice as being an essential partner with the Chief Justice. As soon as my appointment was official, I walked down to the Associate Chief Justice’s Office and asked him for his support and help, which he very graciously agreed to give me. We have worked together in the past on various committees and we have developed a deep and abiding respect for each other. I also have an excellent Executive Committee with which to work. They are a group of judges, elected by the judges themselves, whom I can turn to for advice and feedback on ideas before decisions are made which affect the court. I very much look forward to working with them. They are all colleagues I respect, and I know they have the best interests of the court and of the administration of justice at heart.

BarTalk: What do you expect to be different when you look at the courts ten years from now?

One of the first things I would say in answer to that is technology. This is a court that is, together with the Court of Appeal – in large measure due to the leadership role taken by Chief Justice McEachern – one of the most advanced courts in Canada. I propose to do everything in my power to see us utilize technology to the fullest extent we can, as quickly as we can, because I believe it offers a very good means to make us more efficient and more effective. For example, electronic filing can help us eliminate most of the paper that flows through the court system. An ‘Electronic Bench Book’ would allow us to provide each judge, via laptop computer, with access to all of the tools and all the assistance they need to do their job whether they’re in their office, on the road or at their home. Video conferencing, one of many positive initiatives started by Chief Justice Williams, is another example of the benefits of technology in the courts.

BarTalk: What do you think is the biggest challenge facing the Supreme Court right now?

I would say that the first challenge is education; specifically, education of the public in what it is that we do in the courts and how it is that we operate. I see that as a large challenge. The Law Courts Education Society, with the leadership of Mr. Justice Wally Oppal, has being doing a superb job and I strongly support their work. And of course another major challenge to our Court is managing the volume and pace of change around us.

BarTalk: You are known for having been involved in the Courts Litigation Management Committee. What does that Committee do?

The Litigation Management Committee was started under Chief Justice Williams. It is an unusual court committee, because in addition to judges it includes representatives of the Bar and the public. Its purpose is to look at litigation generally and to see what can be done to improve efficiency and cost-effectiveness. One of the committee’s initiatives was the Rule 66 speedy trial pilot project. Another deals with trials longer than 20 days. A trial judge is now assigned at the time of the first request for a trial date, allowing the parties to attend consistently before one judge rather than several pre-trial judges. That judge becomes familiar with the case, can help shape the pre-trial process, and will be the ultimate trial judge. We believe that cases are tending to settle earlier in the litigation cycle as a result, with an obvious cost saving to litigants and a more effective use of court time.

BarTalk: The CBA has released reports both on gender equality and racial equality, which included a number of recommendations for actions by the judiciary. How do you see your role as Chief Justice in providing leadership in response?

Well certainly, I can say first and foremost I want to see the best-qualified people apply to and be appointed to our court. I also want to see a court that is reflective of our society, is reflective of our province, and is reflective of the people of British Columbia who are the ones that come to our courts every day. So I certainly will support any effort to see that happen. We are here to serve the people of BC. When people walk into our courts they should feel that the courts are reflective of our society, and are respectful and responsive to all people.

BarTalk: Any last words to the Bar?

I have a few lengthy trials in Vancouver over the next months, but I intend to get out to sit in other communities as soon as possible. I want your members to know that as soon as I am able to get into their communities, I am very open to invitations to meet or to attend or speak at a local community event. My ability to do a good job as Chief Justice will rely on the support of the judiciary, the Bar, the Ministry of Attorney General, and the public at large – and I intend to work hard to continue to earn that support.

The Canadian Bar Association was instrumental in establishing the Canadian Forum on Civil Justice, and I see a strong relationship with both entities as key to achieving what I want to achieve in terms of improving access to justice in BC. I also want to say that I have been gratified to see the response of the CBABC in times when our judges have been subject to public attack. I think that is highly commendable and I am very appreciative of it.

This article was published in the June 2000 issue of BarTalk and is subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2005, all rights reserved.