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The Rule of Law, Public Trust, and Civil Discourse

As part of an OBA initiative to take conversation about the significance of the Rule of Law out of the academic and into the everyday, the Honourable Michael Tulloch delivered a powerful address at the Rotary Club of Toronto in which he brought into clear focus what the Rule of Law means, why it matters, and where our responsibility to sustain it lies.

Chief Justice Michael Tulloch, Deputy Judge Lynne Vicars and OBA member Sojourner King (l-r) at a Rule of Law campaign event
Chief Justice Michael Tulloch, Deputy Judge Lynne Vicars and OBA member Sojourner King (l-r) at a Rule of Law campaign event.

The following remarks were delivered by The Honourable Michael H. Tulloch at the Rotary Club of Toronto on April 17, where the Chief Justice joined OBA Past-President Lynne Vicars to lead a conversation with community leaders about the importance of the Rule of Law in daily life and a democratic society – part of an ongoing OBA initiative to take discussion of this vital topic out of the academic and into the everyday.

Opening Scenario

Good afternoon and thank you to the Ontario Bar Association, and its President, Katy Commisso, as well as to the president and executives of the Rotary Club (Toronto Chapter) for the invitation to join you this afternoon.

Before I begin, let me ask you to imagine something.

I want you to imagine a small town. At first glance, it looks like any other small town: it has homes, roads, perhaps a school, maybe even a clinic. But beneath the surface, something essential is missing.

  • There is no functioning town council to establish clear and consistent rules.
  • There are no reliable legal processes to resolve disputes.
  • There are no lawyers to advise citizens of their rights.
  • There are no police officers to enforce the law impartially.

And those entrusted with authority act not with integrity, but in their own interests.

In that town, the question is not simply what the law says. The question is whether the law means anything at all.

Such a town is lawless. It exists without the rule of law. Such a state of affairs is found in some places. This state of affairs exists in some countries with extreme forms of authoritarianism or sometimes in what are called “failed states”.

But now imagine something more subtle, and perhaps closer to a more familiar situation.

Imagine that legal and democratic institutions do exist.

  • There is a municipal government.
  • There are police services.
  • There are school boards.
  • There are courts.

But there is no trust between them.

  • No mutual respect.
  • No shared commitment to the public good.

Instead, each institution criticizes the others – accusing one another of corruption, misuse of power, or acting in bad faith.

A system does not fail only when institutions disappear – it can fail when they stop trusting each other.

Now add another layer.

There are newspapers.

There are radio stations and televisions. But they do not report the news.

They offer opinions – shaped not by facts, but by what they believe their audiences want to hear.

Over time, they align with particular viewpoints. Audiences fragment.

People hear only what reinforces what they already believe. Public trust declines and cynicism grows.

Now add one more element.

There are schools.

But there is no meaningful civic education.

Students graduate without understanding how institutions function… without understanding the issues that shape their society… and without the tools to engage as informed citizens.

So when they reach voting age, they are asked to make decisions; without the knowledge needed to make them and without any hope or belief that their voice matters.

And now, consider this.

In that town, individuals still step forward to serve.

But when disagreements arise, instead of debating ideas, people attack each other personally.

  • They turn to the media.
  • They question motives.
  • They target reputations.

And participation begins to carry a personal cost.

Now ask:

  • What happens to public debate?
  • What happens to freedom of expression?
  • What happens to leadership?

Because when people fear personal attack, they begin to withdraw.

  • Fewer step forward.
  • Debate becomes polarized.
  • And public trust begins to erode.
  • And people trying to do good for their communities become demoralized and exhausted.

And now, finally, consider one more development.

Two groups arrive in the community from elsewhere.

They bring with them a history – a conflict that did not begin here.

  • They organize.
  • They advocate.
  • They hold public demonstrations.

At first, this appears to be a healthy and legitimate exercise of democratic rights. Ontario, after all, is our most diverse and populous province. Here, we warmly welcome people with diverse viewpoints so that everyone can freely, respectfully, and productively exchange conflicting points of view.

But over time, the conflict becomes polarizing at the local level.

  • Positions harden.
  • Language intensifies.
  • And the community is drawn into division.
  • Institutions are pressured to take sides.
  • Leaders are expected to align.

And now we must ask:

  • What happens when external conflict polarizes a local community?
  • What happens when public space becomes a battleground for international conflicts?
  • And where, in all of this, is the rule of law?

Because the rule of law depends not only on institutions, but on legitimacy. And legitimacy depends on trust.

  • Trust in institutions.
  • Trust in information.
  • And trust in each other.

Without that trust, even functioning systems begin to weaken.

We move, gradually but unmistakably, toward a place where law exists in form, but not in substance.

Again, I just want to say how much of a privilege it is for me to speak with the Rotary Club of Toronto, an organization defined by leadership and service.

Because the reality is this: The rule of law is not sustained by courts alone.

It depends on people, leaders in business, in communities, and in public life, who shape how institutions are understood and trusted.

What the Rule of Law Means

At its core, the rule of law means something simple, but profound:

  • No one is above the law.
  • And no one is beneath its protection.

It means that governments act according to law.

That courts apply the law impartially and independently, based on the evidence brought before them.

And that power is exercised through rules, not through impulse.

  • It provides predictability.
  • It provides security.
  • The ability to invest.
  • To plan.
  • To rely on the idea that decisions will be made fairly and consistently.

Without that, both economic and social stability begin to weaken.

Why It Matters

The scenario I described is not hypothetical.

Where the rule of law is weak, or where trust in it is eroded, the consequences are immediate.

  • Contracts cannot be relied upon.
  • Investment declines.
  • Markets become unstable.

But the deeper impact is on confidence.

When people lose trust in institutions, they stop relying on them. Disputes move away from lawful processes.

Authority shifts from legitimacy – to influence peddling, coercion, and force.

  • And participation declines.
  • Cynicism grows.
  • Good people disengage.
  • And when good people disengage,
  • institutions are weakened further.

Judicial Independence & Due Process

At the centre of this system is an independent judiciary

  • Judicial independence is not a privilege for judges.
  • It is a protection for the public.
  • It ensures that decisions are based on law and evidence.
  • not politics, not pressure, and not popularity.

Because without that independence, we move closer to that town.

Alongside this is due process

Due process is what makes justice possible.

  • Evidence is tested.
  • Arguments are challenged.
  • Decisions are made transparently.
  • Individuals who are accused or charged with a crime are presumed innocent, until proven guilty in a public court of law.

These safeguards protect against error, and against abuse of power.

Tools, Leadership & the Rule of Law

Situations like the one described raise difficult but important questions.

Because the rule of law is not about eliminating conflict. It is about managing it.

And this is the essential point:

  • The rule of law does not prevent conflict; it ensures that conflict does not become chaos.
  • It provides the framework within which even deeply held disagreements can be expressed without undermining the community itself.

In a democratic society, people have the right to express their views. And, in fact, we can and should encourage this.

  • They have the right to protest.
  • They have the right to advocate.

But those rights exist alongside other principles:

  • Public safety.
  • The rights of others.
  • And the need to preserve social order.

So what tools are available?

  • First: clear legal boundaries. Rules governing protest, safety, and conduct.
  • Second: neutral enforcement. Law applied impartially, without favour.
  • Third: institutional independence. Resisting pressure to take sides.
  • Fourth: responsible leadership. Lowering the temperature.
  • Encouraging respectful dialogue.
  • Maintaining focus on principles, not personalities.
  • And finally — civil discourse.

Civil Discourse

Because without it, even the best institutions cannot function effectively.

Freedom of Speech & Public Discourse

Freedom of expression is essential.

  • It allows ideas to be debated.
  • Institutions to be challenged.
  • Decisions to be examined.
  • Improvement and reform of our society.

But it depends on responsibility.

When debate becomes personal attack…when speech deters participation rather than encourages it… the effect is not more freedom. It is less.

  • People withdraw.
  • Leadership declines.
  • Public discourse narrows.
  • And trust erodes.

Closing

The town I asked you to imagine:

  • It is not where we live.
  • But it is not as distant as we might think.

Because the rule of law does not erode all at once.

  • It erodes gradually.
  • Through loss of trust.
  • Through breakdown of discourse.
  • Through disengagement.

The rule of law is not sustained by institutions alone.

  • It is sustained by people.
  • By those who lead responsibly.
  • By those who engage respectfully.
  • By those who value truth and fairness.

Because that town does not emerge only when institutions fail. It can emerge when conflict is allowed to overwhelm them.

And our responsibility is clear: To ensure we never become it.

Thank you.