Alberta’s chief justices have issued a rare public statement affirming the importance of judicial independence following remarks made by Premier Danielle Smith questioning the impartiality of the courts. The statement, released Tuesday, underscores the foundational role of an independent judiciary in a functioning democracy.
Judicial Independence Under Scrutiny
The statement was signed by Acting Chief Justice Dawn Pentelechuk (Court of Appeal), Chief Justice Kent Davidson (Court of King’s Bench), and Chief Justice James Hunter (Alberta Court of Justice). They wrote that the independence of each branch of government “ensures there are checks and balances across the system” and is “the foundation of a healthy democracy.”
The justices’ statement followed a series of comments from Premier Smith that appeared to challenge the integrity of the judicial system. Last weekend, she stated to a caller on her radio show, “I wish I could direct the judges, honestly,” in response to concerns about Canada’s bail laws. She also recently proposed increased provincial involvement in judicial appointments, aiming to select judges who align with “the values of how we want them to operate here.”
Premier Smith has also repeatedly characterized judges as activists appointed by former Prime Minister Justin Trudeau and suggested rulings are influenced by partisan considerations. Sam Blackett, a spokesperson for Ms. Smith, stated that the government “respects the role of each branch of government and supports their independence,” despite recent rulings prompting questions from Albertans and Canadians.
Similar Concerns Elsewhere
Ms. Smith’s comments echo those made by Ontario Premier Doug Ford last April, when he called judicial independence “a joke” and suggested a shift to U.S.-style elected judges. Mr. Ford criticized judges he labeled as “bleeding hearts” and accused them of making decisions based on “ideology.” This prompted a similar response from Ontario’s top judges at the time.
Constitutional law professor Gerard Kennedy of the University of Alberta emphasized that suggesting judges are motivated by partisan affiliation is “deeply problematic” and undermines the carefully constructed system designed to ensure judicial objectivity.
Legislative Actions and Appointments
The situation unfolds as the Alberta government has recently taken legislative action to end court proceedings initiated by the province’s Chief Electoral Officer. Legislation passed in December terminated all court challenges to decisions made by the Chief Electoral Officer, including a constitutional review of a proposed independence referendum question. Court of King’s Bench Justice Colin Feasby, prior to the bill’s passage, described the government’s actions as “the antithesis of the stable, predictable, and ordered society that the rule of law contemplates, and democracy demands.”
On Tuesday, federal Justice Minister Sean Fraser announced the appointments of Jason Wilkins and Peter Banks to the Court of King’s Bench of Alberta, stating his confidence in their ability to serve Albertans. Alberta NDP Leader Naheed Nenshi and justice critic Irfan Sabir responded by stating the justices’ letter “shows just how far this irresponsible and anti-democracy premier and her Justice Minister have gone to interfere and create mistrust in our justice system.”
Frequently Asked Questions
What is judicial independence?
Judicial independence, as stated by Alberta’s chief justices, ensures checks and balances between branches of government and is “the foundation of a healthy democracy.” It means judges are free to make decisions based on the law and evidence, without interference from the executive or legislative branches.
What did Premier Smith say about judges?
Premier Danielle Smith stated she wished she could “direct” judges and proposed greater provincial involvement in judicial appointments to select judges who reflect Alberta’s values. She has also referred to judges as activists appointed by a previous prime minister and suggested rulings are made along partisan lines.
What was the response from the courts?
The acting chief justices of Alberta’s three judicial branches released a joint statement emphasizing the importance of judicial independence and the need for all branches of government to respect each other’s independence. The statement was described as “educational” by a spokesperson for the Alberta Court of Justice.
How might this situation evolve, and what impact could it have on public trust in Alberta’s legal system?
