In a rare move, chief justices from all three levels of Alberta’s court system have jointly emphasized the critical nature of judicial independence. This public message, released on Tuesday without specific context, follows recent remarks by Premier Danielle Smith regarding her desire to have more control over judges.
The statement, signed by acting Chief Justice of Alberta Dawn Pentelechuk, Court of King’s Bench Chief Justice Kent Davidson, and James Hunter, Chief Justice of the Alberta Court of Justice, highlights the indispensable separation between the executive, legislative, and judicial branches in upholding a functional democracy.
Emphasizing the importance of mutual respect and support among the branches, the justices affirmed that judicial independence safeguards the public interest by enabling judges to base decisions solely on law and evidence, free from external pressures or influences, including those from appointing governments.
Acknowledging their shared identity as Albertans serving the public, the justices expressed pride in the daily efforts of judges and staff to uphold the rights of all citizens and preserve democracy.
Responding to inquiries about the chief justices’ public statement, Premier Smith’s press secretary, Sam Blackett, affirmed the government’s commitment to respecting the independence of each branch of government. Similarly, a spokesperson for the Court of Justice, Olav Rokne, characterized the statement as an educational effort aimed at addressing public misconceptions about the courts and the role of justices.
During a radio call-in show, the premier discussed the judicial system in response to a caller’s concerns about bail conditions in a murder trial. Expressing frustration over limited influence on judicial appointments, Smith suggested exploring a joint process with the federal government to choose judges aligning with Alberta’s values.
The premier also referenced the government’s use of the notwithstanding clause on laws affecting transgender youth following a court ruling, emphasizing the need for elected officials to make decisive actions while urging courts to respect legislative authority.
Legal expert Gerard Kennedy interpreted the justices’ statement as indicative of apprehensions regarding recent comments by the premier, highlighting the fundamental necessity of judicial independence and the dangers of political interference in the judiciary.
Chris Samuel, the Alberta branch president of the Canadian Bar Association, noted parallels between the Alberta justices’ message and a similar statement issued by Ontario’s chief justices in response to criticisms by Premier Doug Ford. Samuel emphasized the importance of delineating roles between the judiciary and elected bodies to preserve judicial independence.
Alberta NDP Leader Naheed Nenshi criticized the UCP government for undermining the rule of law and sowing mistrust in the justice system, echoing concerns raised by the chief justices in their unprecedented statement.