EDMONTON — Alberta’s chief justices from all three levels of court have issued an unusually public statement underscoring the importance of judicial independence, following recent comments by Premier Danielle Smith suggesting she wished she could “direct the judges.”
The joint statement, published Tuesday on the Alberta Courts website, was signed by Acting Chief Justice of Alberta Dawn Pentelechuk, Court of King’s Bench Chief Justice Kent Davison, and Alberta Court of Justice Chief Justice James Hunter. While the message does not reference any specific remarks, its timing closely follows Smith’s comments on her Saturday call-in radio show.
Judges rarely speak publicly outside of written rulings, making the statement notable in both tone and timing.
“The separation between the executive, legislative and judicial branches of government is essential to a functioning democracy,” the justices wrote. “It is equally important that each branch respect and support the independence of the others.”
They emphasized that judicial independence exists to protect the public, allowing judges to decide cases based solely on law and evidence — free from political pressure, including from governments responsible for judicial appointments.
“We are Albertans, like the people we serve,” the statement continued. “We are proud of the work judges and court staff do every day to protect rights and safeguard democracy.”
Premier’s comments spark response
The statement follows Smith’s appearance on 880 CHED’s Your Province, Your Premier, where a caller raised concerns about bail decisions in a high-profile Edmonton homicide case. Smith responded by saying she wished she could “direct the judges,” adding that judges “deserve criticism” for some decisions.
Smith also argued that provinces should have more influence over judicial appointments, particularly at the Court of King’s Bench and Court of Appeal levels, which are federally appointed. She said she had written to Prime Minister Mark Carney suggesting a joint appointment process.
In a statement Tuesday, Smith’s press secretary said the government respects judicial independence, while acknowledging public frustration with aspects of the criminal justice system and ongoing calls for bail reform.
Legal experts raise concerns
Legal scholars say the judges’ statement signals unease.
Gerard Kennedy, associate dean of the University of Alberta’s law faculty, said debate over court decisions is legitimate, but political control over judges crosses a line.
“The idea that courts may overstep their role is a valid discussion,” Kennedy said. “But the notion that the executive could direct the judiciary is fundamentally incompatible with judicial independence.”
Chris Samuel, president of the Alberta branch of the Canadian Bar Association, noted similar tensions elsewhere in Canada. Ontario’s chief justices issued a comparable statement last year after Premier Doug Ford criticized judges and suggested they should be elected.
“Courts must stay out of legislative policymaking,” Samuel said. “But governments must also stay in their lane and not undermine judicial independence.”
Political fallout
Alberta NDP Leader Naheed Nenshi said the judges’ statement should concern all Albertans.
“This unprecedented intervention from Alberta’s chief justices shows how far this government has gone in attacking the rule of law,” Nenshi said. “Interfering with judicial independence erodes public trust in democracy itself.”
