Canada's courts remain resilient amid public criticism

The Globe editorial says criticism of the courts does not make them fragile and notes Alberta's three chief justices issued a statement after Premier Danielle Smith's podcast comments on bail and judicial appointments.

The editorial argues that judicial independence does not mean judges are exempt from criticism and that courts are not fragile. It was prompted by a statement from Alberta's three chief justices after Premier Danielle Smith made critical remarks on a podcast about the courts' handling of bail and the judicial appointment process. The piece notes Ms. Smith asked whether Alberta could write its own bail laws and said the province lacks the legal jurisdiction to set those parameters. The editorial puts the exchange in a broader context of public unease about bail and earlier public exchanges between politicians and senior judges. Key points: - Alberta's three chief justices issued a statement emphasising the importance of judicial independence after Premier Danielle Smith's podcast remarks. - On the podcast Ms. Smith said, "I wish I could direct the judges, honestly, Chris," and questioned provincial control over bail while acknowledging the province's limited jurisdiction; the article also notes she sent a letter seeking greater provincial involvement in federal judicial appointments. - The editorial observes that bail is mainly governed by federal law and that the federal government has legislation before Parliament to revise bail rules, a process that has continued since 2023. - It cites previous occasions when senior judges publicly defended the judiciary after political remarks, including responses to statements by an Ontario premier and a statement from U.S. Chief Justice John Roberts. - The piece recalls the historical sensitivity to criticism, noting the Ontario Court of Appeal's 1987 decision that effectively ended the criminal offence of "scandalizing the court." Summary: The editorial concludes that criticism of perceived systemic flaws does not inherently undermine judicial independence and highlights ongoing debate over bail laws and provincial involvement in appointments. Undetermined at this time.