The Chief Justice "invited the conversation. He does not also get to set its terms."
Or, as Justice Binnie said in the context of defamation: "People who voluntarily take part in debates on matters of public interest must expect a reaction from the public. Indeed, public response will often be one of the goals of self‑expression. In the context of such debates (and at the risk of mixing metaphors), public figures are expected to have a thick skin and not to be too quick to cry foul when the discussion becomes heated."
Richard Wagner has spent his time as Chief Justice turning himself into the self-appointed guardian of Canadian democracy: annual press conferences, speeches about the rule of law, warnings about democratic backsliding.
The old convention was that judges speak through their rulings and otherwise keep quiet. Wagner seems to find that beneath him. He wants to be a public figure, not just a judge.
The irony is that every time he steps up to the microphone to defend the court’s legitimacy, he’s the one politicizing it. A judiciary that lets its work speak for itself doesn’t need a spokesman. Wagner has made himself one anyway, and the institution is worse off for it.