EDMONTON, Alberta – January 26, 2024 – Alberta’s top judges have publicly affirmed the foundational principle of judicial independence, responding to recent comments by Premier Danielle Smith that questioned the impartiality of the courts. The unusual statement underscores growing tensions between the province’s executive branch and its judiciary, raising concerns about the rule of law.
Judicial Independence Under Scrutiny in Alberta
A rare joint statement from alberta’s chief justices defends the separation of powers amid remarks suggesting political interference in the courts.
- Premier Smith expressed a desire to “direct” judges,sparking a response from the province’s judicial leadership.
- The statement emphasizes that an self-reliant judiciary is essential for a functioning democracy.
- Concerns are growing about potential political interference in the judicial system.
- Similar criticisms of judicial independence have emerged in Ontario,prompting a response from its top judges.
What is judicial independence and why does it matter? Judicial independence ensures that courts can make decisions free from political pressure or influence, safeguarding the rule of law and protecting citizens’ rights.It’s a cornerstone of democratic governance.
The statement, released Tuesday, was signed by Acting Chief Justice dawn Pentelechuk of the Court of Appeal, Chief Justice Kent Davidson of the Court of King’s Bench, and Chief Justice James Hunter of the Alberta Court of Justice. It asserted that the independence of each branch of government “ensures there are checks and balances across the system. It is indeed the foundation of a healthy democracy,” according to a court representative who said the statement was developed over several weeks.
“Public trust and confidence in our institutions – and all three branches of government – depend on it. it is indeed equally crucial that each branch respect and support the independence of the others,” the justices wrote in the statement, published on the Alberta Courts website.
The statement followed a series of public remarks by Smith that appeared to cast doubt on the integrity of the judicial system. “I wish I could direct the judges, honestly,” Smith said last weekend during her radio show, responding to a caller’s concerns about Canada’s bail laws.She also revealed she had written to Prime Minister Mark Carney proposing greater provincial involvement in judicial appointments, aiming to select judges who “reflect the values of how we want them to operate here.”
One legal expert, who asked to remain anonymous, criticized the government’s attempt to circumvent the courts as “the antithesis of the stable, predictable, and ordered society that the rule of law contemplates, and democracy demands.”
The bill was later passed later in December.
