Manitoba lawyers praise pick of Glen Joyal for the Supreme Court of Canada

Members of the legal community in Manitoba are applauding the selection of Justice Glenn Joyal as the next member of the Supreme Court of Canada.  

The chief justice of the Court of King's Bench of Manitoba, who has a reputation for being an innovative leader, a strong legal scholar, and a proponent of access to justice, certainly deserves the appointment and the recognition it brings, say lawyers who know him and who have appeared before him (or have opposed him).  

Stuart Blake at Fillmore Riley LLP 

Stuart Blake, the CEO and managing partner of Winnipeg-based Fillmore Riley LLP, says that upon hearing the news of Joyal’s appointment, “I was not surprised. He’s very well-regarded nationally, and within our local legal profession, so I was very pleased for him and his wife, Joanne [Prejet].” 

When asked to describe Joyal, Blake says he’s very smart, always rigorous in how he prepares for court, and highly engaging. Given that their daughters attended school together, Blake has gotten to know Joyal on both a personal and a professional level.  

“He's very engaging. He listens to you. He enjoys a glass of red wine now and then, and he’s a very enjoyable person to spend some time with.”  

He adds that Joyal is equally engaging when he’s in the courtroom, interacting with counsel.  

“He tests you. He knows what the issues are, he’s very knowledgeable in the law, and when you appear before him, certainly there’s mutual respect.” 

According to Blake, improving the way the legal system works is important to Joyal. He mentions a program Joyal initiated that saw Joyal and the associate chief judge visit law firms and engage in dialogue about their concerns for the justice system and their suggestions for the bench.  

Once he takes up his seat in Ottawa, Blake expects that Joyal will represent Manitoba well, continuing the province’s record of punching above its weight in producing sharp legal minds. He also expects Joyal to help the court see things from a Manitoban perspective and consider issues in ways they haven’t before. Blake also thinks that Joyal will continue his efforts to promote access to justice and fairness for people at every level of society.  

Jamie Kagan at Thompson Dorfman Sweatman LLP 

Jamie Kagan, a senior partner at Winnipeg-based Thompson Dorfman Sweatman LLP, has gone up against Joyal when he was a Crown and has appeared before Joyal’s bench. As a lawyer on the opposing side, Kagan describes Joyal as being a gentleman, “exactly the best of the profession,” and somebody who took the legal matters seriously but who didn’t make the conflict between parties or lawyers personal.  

“That sort of honour amongst the profession is harder and harder to find these days, and he certainly represented that well.” 

As for his time on the bench, Kagan calls Joyal “an absolute leader” in his efforts to conduct outreach and improve the court system itself. It is a reputation, he says, that stretches far beyond Manitoba’s borders and across the entire country, especially when it comes to speeding up the legal process and eliminating systemic delays.  

“I think Manitoba now leads the way, in terms of [speed]. From the date you file a statement of claim to the date your trial is over is now two-and-a-half years, which, for the public, sounds like a long time, but in the legal world is probably lightning speed.” 

Among the many steps Joyal took to hasten the legal process, Kagan points to removing trial judges’ ability to adjourn trials – only Joyal or the associate judge retained that power – as one of the most significant. He says Joyal encountered some resistance, especially from those concerned about judicial independence, but countered that if the justice system was to remain relevant, it had to be timely.  

“That sort of extraordinary leadership is going to be missed in Manitoba.” 

Besides speed, Kagan says that one of Joyal’s priorities is to pursue legal processes only when an adjudicable end is in sight. For example, he cited a decision in which a University of Manitoba student appealed a grade through the court system. Joyal wrote what Kagan calls one of the leading decisions on the matter in Canada, where he insisted that there “has to be a reasonable end” in sight, and that lawyers can’t constantly be pursuing cases that are better dealt with through other processes. Kagan also mentioned a similar decision by Joyal regarding a construction dispute at the Winnipeg airport.  

“He was always wanting to recognize that it’s in the best interests of the parties to get to a resolution point, and he was making sure that the court resources – which are [finite] – are limited truly to those disputes that can’t be resolved.” 

Kagan expects Joyal to bring many positives to the Supreme Court. To start with, he names Joyal’s experience dealing with First Nations matters as being critical. His ability to hear matters in French, as well as Manitoba being the home of the largest Francophone community outside of Quebec, are also perspectives that Kagan expects will be vital.  

Most importantly, Kagan believes that Joyal’s ability to connect with and represent the average Canadian will influence the bench in Ottawa.  

“I think part of what can happen in the judiciary, especially at some of the higher levels, is a loss of contact with the average Canadian. That’s what Glenn will provide for the average Canadian – a voice,” says Kagan. “He still goes out to his cottage in the summer, you can still go and hang out with him and have a beer on the deck and enjoy the summer with him. He’s very approachable, and I think he’s very in tune with a lot of the pressures that exist in the modern Canadian landscape.” 

Bob Sokalski at Hill Sokalski LLP  

Bob Sokalski, partner and litigation counsel at Hill Sokalski LLP in Winnipeg, says that he wholeheartedly echoes the comments made by Prime Minister Mark Carney when he announced Joyal’s nomination. Carney referenced Joyal’s integrity, experience, and sound judgment, and the importance of those qualities in a Supreme Court justice, and Sokalski agrees. “I can't give that any more positive endorsement than is possibly imaginable.” 

Sokalski, like Kagan, has dealt with Joyal as opposing counsel and appeared before him in court. Across those experiences, Sokalski has found Joyal to be incredibly insightful and skilled at finding practical solutions to complex problems. Additionally, one thing that has always stood out to Sokalski is Joyal's work ethic.  

“That guy works so hard. He is a tireless worker. As chief justice, he’s taken on high-profile, difficult, complicated cases, and he’s dealt with them with amazing skill and diligence. I can’t imagine anyone who works harder than Chief Justice Joyal. I've seen him in court. I've appeared before him many times. I’ve read his decisions. Incredible worker. Highly intelligent: the word ‘insightful’ would be an apt descriptor.” 

Sokalski says that intelligence and preparedness make Joyal somebody who “doesn’t suffer fools” in court. He cautions that there is no point in lawyers trying to bluff their way through arguments. Joyal, he says, will call them on the claims and smash any curve balls right out of the park.  

As a member of the Canadian Media Lawyers Association, Sokalski is especially appreciative of Joyal’s efforts to make the courts more open to both the media and, through them, the public. In particular, he is impressed by Joyal's efforts to make the courts more open to cameras. Now, thanks to Joyal’s directives, unless there is witness testimony, the presumption is that cameras will be allowed in court and that if parties object to their presence, it is up to them to argue why they shouldn’t be permitted.  

“I have often said to our organization, how proud we are in Manitoba, those of us who practise media law and who advise the media, of the leadership shown by Chief Justice Joyal in areas of open-court access-to-justice generally, and more particularly, with respect to camera access to court proceedings.” 

Sokalski also makes note of Joyal’s talents and influence when it comes to writing decisions. He says that Joyal has tackled many situations with competing prior decisions to create clarity, and he has done so while adjudicating all aspects of the law, from criminal law to civil litigation. And, according to Sokalski, his writing has inspired the rest of the bench.  

“I can see it in all the other decisions that I read from other members of the bench, that the leadership role of our chief justice has influenced the writing of other judges, enhancing the quality of decision-making and judgment writing here in Manitoba.” 

While Joyal’s move to Ottawa will deprive Manitoba of somebody that Sokalski calls a great leader and a great decision maker, he says Joyal’s influence will continue to be felt in the province.  

“Associate Chief Justice Perlmutter would, in my view, be the obvious heir apparent to the chief justice position, and the two of them have worked hand in hand over the last several years, so whereas we will definitely lose a great chief justice, we have quality here in Manitoba, where that void will ultimately be filled.”