In a rare public statement, the chief justices of all three levels of Alberta’s court system have underscored the importance of judicial independence. The message, published Tuesday on the Alberta Courts website, comes after Premier Danielle Smith publicly expressed a desire to “direct the judges” during her Saturday radio show.
A Statement of Principle
The statement was signed by acting Chief Justice of Alberta Dawn Pentelechuk, Court of King’s Bench Chief Justice Kent Davison, and James Hunter, Chief Justice of the Alberta Court of Justice. The justices emphasized that the separation of powers – between the executive, legislative, and judicial branches – is “essential to a functioning democracy.” They further stated that mutual respect and support between these branches is equally vital.
The justices explained that judicial independence protects the public by ensuring decisions are based solely on law and evidence, free from external pressure – including from the government that appoints them. They affirmed they are, like all Albertans, dedicated to protecting the rights of citizens and safeguarding democracy.
Context of the Statement
Premier Smith’s comments stemmed from a call-in show discussion about the ongoing second-degree murder trial of Justin Bone. A caller raised concerns about Bone being released on bail despite conditions, and subsequently being charged with additional offenses. Smith responded by saying she wished she could “direct the judges” and criticized their decisions.
Smith also discussed the possibility of a joint process with the federal government for appointing judges to the Court of Appeal and King’s Bench, suggesting a desire to appoint judges who align with Alberta’s values. She referenced the use of the notwithstanding clause last year regarding legislation affecting transgender youth, arguing that courts can sometimes overstep their role.
Expert Insight:
The premier’s press secretary, Sam Blackett, responded to the justices’ statement by saying the government respects the role of each branch and supports judicial independence, while acknowledging recent court rulings have prompted questions about the criminal justice system. Court of Justice spokesperson Olav Rokne characterized the justices’ statement as an effort to address public misunderstandings about the courts.
Similar Concerns Elsewhere
This situation is not unique to Alberta. The chief justices of the Ontario courts issued a similar statement last year after Ontario Premier Doug Ford criticized judges and suggested exploring the possibility of electing them.
Frequently Asked Questions
What prompted this statement from Alberta’s chief justices?
The statement was issued following comments made by Premier Danielle Smith expressing a desire to “direct the judges” and criticism of court decisions, specifically in relation to bail rulings.
Why is judicial independence important?
According to the justices, judicial independence protects the public by ensuring judges can make decisions based solely on the law and evidence, free from political pressure or influence.
Has this happened before in Canada?
Yes, the chief justices of the Ontario courts issued a similar statement last year after the Ontario Premier criticized judges and raised the possibility of electing them.
How might this situation unfold? It is possible the Premier will reiterate her position on bail reform and judicial appointments, potentially leading to further public debate. Alternatively, the government could seek to de-escalate the situation by reaffirming its commitment to judicial independence. The situation could also prompt broader discussions about the balance of power between the different branches of government and the role of the courts in a democratic society.
