An independent judiciary is the cornerstone of the Canadian justice system, and essential to upholding Canada's democratic values and the rule of law. Like other foundational elements of democracy, judicial independence is vulnerable to threats and its protection requires vigilance.
An essential part of The Advocates' Society's mission is to safeguard and promote judicial independence in Canada. To that end, the Society makes public statements and submissions on events, policies, or legislation that affect judicial independence.
The Advocates' Society Statement on Judicial Independence
Judicial Independence: Defending an Honoured Principle in a New Age
The Advocates' Society has developed a public statement on judicial independence, entitled
Judicial Independence: Defending an Honoured Principle in a New Age. This statement is a resource on:
- the importance of the principle of judicial independence;
- the origins, sources, and fundamental components of the principle; and
- the safeguards and the threats to judicial independence emerging in our society.
With this statement, the Society reaffirms its commitment to vigilance in defending the honoured principle of judicial independence. We call upon all members of the independent bar, and all citizens who care for the continued strength of Canada’s democracy, to share that commitment with us.
Judicial Independence: Defending an Honoured Principle in a New Age
L’indépendance judiciaire: Défendre un principe consacré dans une ère nouvelle
Submissions and Public Statements on Judicial Independence
The Advocates' Society Condemns Premier François Legault's Comments about the Quebec Court of Appeal
The Advocates' Society responded to Premier François Legault's comments impugning the independence and impartiality of the judges of the Quebec Court of Appeal, condemning the remarks and highlighting their negative impact on public confidence in the administration of justice in Quebec.
Read The Advocates' Society's statement, dated February 28, 2024, here (
in French only).
The Advocates' Society Writes to Premier Doug Ford to Defend the Independence of the Judiciary in Ontario
The Advocates' Society has written to Premier Doug Ford to remind him that political partisanship should never play a role in the appointment of judges or justices of the peace to the Ontario Court of Justice, and that to suggest otherwise undermines the independence of the judiciary and public confidence in the fair, impartial administration of justice in Ontario.
Read The Advocates' Society's letter, dated February 26, 2024, here. The Advocates' Society's letter was quoted in the
Toronto Star,
Law360, and the
Law Times.
Bill 102, Strengthening Safety and Modernizing Justice Act, 2023
On April 25, 2023, Ontario's Solicitor General introduced Bill 102,
the Strengthening Safety and Modernizing Justice Act, 2023, in the Legislative Assembly of Ontario.
Read Bill 102 here. The Advocates’ Society has written to the Standing Committee on Justice Policy to express its concerns about amendments proposed in Bill 102, which direct Ontario's provincially-appointed judiciary to undertake education on specific topics; and require court leadership to report to other branches of government regarding the education that judicial officers have received on these topics. These proposed amendments undermine judicial independence and risk compromising public confidence in the judiciary.
Read The Advocates' Society's submission, dated May 17, 2023, here.
Bill 14, Provincial Court (Sexual Awareness Training) Amendment Act, 2022
On March 30, 2022, the Associate Minister of Status of Women of Alberta Whitney Issik introduced Bill 14, the
Provincial Court (Sexual Awareness Training) Amendment Act, 2022, in the Legislative Assembly of Alberta.
Read Bill 14 here. If passed, Bill 14 would amend the
Provincial Court Act,
R.S.A. 2000, c. P-31, to require candidates for appointment as a judge
of the Provincial Court of Alberta to have completed education in sexual
assault law and social context issues, in order to be considered
eligible for appointment. While the goals of Bill 14 are laudable, The
Advocates’ Society has written to Associate Minister Issik and Minister
of Justice Tyler Shandro to highlight the bill’s impact on judicial
independence, the quality of judicial training, the cost of applying to
become a judge, and the confidentiality of the application process.
Read The Advocates’ Society’s letter, dated May 3, 2022, here.
The Advocates’ Society Highlights Concern about Impact of Changes to Nova Scotia Judicial Appointment Process on Public Confidence in the Justice System
On February 2, 2022, The Advocates’ Society wrote to the Honourable Brad Johns, Nova Scotia’s Minister of Justice, to raise concerns about the impact of recent changes to the Provincial Judicial Appointments Guidelines on judicial independence and public confidence in the justice system. The Advocates’ Society called upon the government to suspend and reconsider the changes pending consultation and further study.
The Advocates’ Society raised concerns about:
- the potential impact of the changes on the independence of the standing Advisory Committee on Provincial Judicial Appointments and the confidentiality of its process for evaluating and recommending judges for appointment to the Nova Scotia Provincial Court;
- the government’s failure to consult with stakeholders in the justice system regarding the changes, including associations that represent equity-seeking groups in the legal community; and
- the lack of notice of the changes, which came into effect immediately.
Read The Advocates’ Society’s letter to the Minister, dated February 2, 2022, here.
The Advocates' Society Voices Support for the Evacuation of Judges and Lawyers in Afghanistan
Following the return of Taliban rule in Afghanistan in August 2021, The Advocates’ Society expressed its profound concern for the safety of legal professionals working in Afghanistan and called on the Government of Canada to evacuate Afghan judges, human rights advocates, and other at-risk populations who wish to leave the country with all possible speed.
Read The Advocates’ Society’s statement, dated August 23, 2021, here.
The Advocates' Society Statement Condemning the Hiring of a Private Investigator for Surveillance of Manitoba Chief Justice Glenn Joyal
The Advocates' Society condemns the actions of a party to litigation to hire a private investigator to conduct surveillance of Chief Justice Glenn Joyal of the Manitoba Court of Queen's Bench while he was deciding its case. Judicial independence is fundamental to our democracy, and requires that judges be free to decide cases exclusively on the basis of the law and the evidence tendered in the courtroom. Judges must not be intimidated, externally pressured, or improperly influenced by any other considerations in their decision-making. This attempt to embarrass Chief Justice Joyal not only threatened the principle of judicial independence, but also the privacy and safety of the judiciary, and the integrity of the administration of justice.
An essential part of The Advocates' Society's mission is to safeguard and promote judicial independence in Canada. To that end, The Advocates’ Society has published a statement on judicial independence, entitled
Judicial Independence: Defending an Honoured Principle in a New Age.
Please find the statement here.
Ontario Judicial Appointment Process: TAS defends judicial independence in the process for appointing judges in Ontario
On November 14, 2019, the Attorney General of Ontario Doug Downey advised that the provincial government was considering reforming the process for appointing judges to the Ontario Court of Justice. In response, The Advocates’ Society wrote to the Attorney General to emphasize how the current process fosters judicial independence, excellence, and diversity, as well as public confidence in Ontario’s judiciary. The Advocates’ Society also urged the government to engage in meaningful consultation with justice system stakeholders before any changes were made to the current system.
Read the letter of The Advocates' Society, dated November 20, 2019, here.
On February 27, 2020, the Attorney General announced the government's proposed reform of the process for appointing judges to the Ontario Court of Justice. In response, The Advocates' Society wrote to the Attorney General to thank him for consulting with The Advocates' Society and other justice system stakeholders prior to the announcement and to outline The Advocates' Society's concerns with the proposal. The Advocates' Society highlighted the risk that the changes would allow political patronage to play a role in the appointment process.
Read the letter of The Advocates' Society, dated March 9, 2020, here.
On February 16, 2021, the Attorney General introduced Bill 245, the
Accelerating Access to Justice Act, 2021, in the Legislative Assembly of Ontario.
Read the version of Bill 245 at first reading here. Bill 245 proposed a number of changes to Ontario’s justice system, including to the process for appointing provincial judges to the Ontario Court of Justice. The Advocates’ Society made submissions on Bill 245 to the Standing Committee on the Legislative Assembly, in particular highlighting the impact of the proposed changes to the judicial appointment process on judicial independence and public confidence in the administration of justice.
Read The Advocates’ Society’s submission to the Standing Committee, dated March 12, 2021, here. On March 12, 2021, Anthony Moustacalis, Director on The Advocates’ Society’s Board of Directors, made oral submissions on this issue to the Standing Committee on the Legislative Assembly.
Bill C-3, An Act to amend the Judges Act and the Criminal Code (formerly Bill C-5)
On February 4, 2020, the Minister of Justice introduced Bill C-5, An Act to amend the Judges Act and the Criminal Code, in the House of Commons. The bill concerns judicial education in sexual assault law and social context. The Advocates’ Society made submissions on Bill C-5 to the House of Commons Standing Committee on Justice and Human Rights.
Read The Advocates' Society's letter, dated April 14, 2020, here. On September 25, 2020, Bill C-5 was re-introduced in the House of Commons as Bill C-3.
Read the version of Bill C-3 at first reading here.
Read Bill C-3, as amended by the Standing Committee on Justice and Human Rights, here.
Read Bill C-3, as passed by the House of Commons, here.
The Advocates' Society previously made submissions on a prior version of this bill, Bill C-337.
Read the bill here.
Read The Advocates' Society's letter to the Senate Standing Committee on Legal and Constitutional Affairs dated October 19, 2017 here.
TAS defends judicial independence in the context of Alberta's Provincial Court Nominating Committee
On June 26, 2020, The Advocates' Society wrote to The Hon. Doug Schweitzer, Alberta’s Minister of Justice, regarding recent changes to the membership of the Provincial Court Nominating Committee. TAS raised concerns that recent actions taken by the Minister with respect to the membership of the Nominating Committee risk undermining public confidence in the judicial system and the independence of the judiciary.
Read TAS's letter here.
TAS defends judicial independence from comments made by a member of the legislative branch
On February 10, 2020, The Advocates’ Society released a public statement regarding improper comments made by Mr. Yves-François Blanchet, MP and Leader of the Bloc Québécois, about the judges of the Federal Court of Appeal. The Advocates’ Society cautioned that such comments from members of the legislative branch can undermine public confidence in the independence of the judiciary. Read The Advocates’ Society’s press release in
English or
French.
Judicial Appointments Process for the Supreme Court of Canada
In response to reports in the media that the Federal Government may abandon the Parliamentary Committee process for selecting judges to be appointed to the Supreme Court of Canada, The Advocates’ Society struck a Task Force to examine the issue.
Read the letter of The Advocates' Society to the Federal Minister of Justice dated January 30, 2015 here.
Following the Federal Election in the Fall of 2015, The Advocates' Society made submissions to the Minister of Justice with regard to federal judicial appointments, including recommendations for a process to be followed for the appointment of judges to the Supreme Court of Canada as well as the provincial superior courts and courts of appeal.
Read the letter of The Advocates' Society dated July 22, 2016 here. Following the publication of the appointments process for Justices of the Supreme Court of Canada, The Advocates' Society wrote to the Prime Minister and the Minister of Justice.
Read these letters dated August 18, 2016 here.
Learn about the judicial appointments process for Federal Judicial appointments, including appointments to the Supreme Court of Canada, here.
The Advocates' Society Defends Independence of the Judiciary
On February 8, 2017, The Advocates' Society addressed statements made by the President of the United States about United States District Court Judge James Robart.
Read The Advocates' Society's press release here. The Advocates' Society condemned the remarks as improper and a threat to judicial independence and authority, noting that respect for an independent judiciary by the executive branch is essential both in Canada and abroad.
The Advocates' Society Speaks Out Regarding Comments from the Prime Minister's Office about the Chief Justice of Canada
On May 4, 2014, The Advocates' Society issued an open letter to the Prime Minister of Canada concerning recent comments from the Prime Minister's Office regarding the conduct of the Chief Justice of Canada. The Advocates' Society's letter stated that the comments were unfounded, unfairly impugned the integrity of the Chief Justice, and served to undermine ordinary Canadians' respect and confidence in the proper administration of justice.
Read The Advocates' Society's open letter here.