Alberta's Judicial Leaders Issue Unprecedented Statement on Separation of Powers
In a remarkable move that has sent shockwaves through Alberta's legal and political circles, the province's three most senior judges took the extraordinary step of releasing a public statement on Tuesday, January 27, 2026. Acting Chief Justice of Alberta Dawn Pentelechuk, Chief Justice Kent Davidson of the Court of King's Bench, and Chief Justice of the Alberta Court of Justice James Hunter jointly issued what legal experts are calling an unprecedented defense of judicial independence in Canada.
The Statement's Core Message
The judicial leaders wrote: "A properly functioning democracy requires three separate branches of government that exercise their power and authority independently according to the Constitution. The independence of each branch ensures there are checks and balances across the system. It is the foundation of a healthy democracy. It is equally important that each branch respect and support the independence of the others. Independence of the judicial branch protects the public. It ensures judges can make decisions based solely on the law and evidence presented. It frees judges from pressure or influence from external sources including the governments that appoint us."
Legal observers note that while judges occasionally speak publicly about judicial independence, this coordinated statement from all three chief justices represents a significant departure from the traditional reticence of Canadian judges to comment on matters outside their courtrooms.
Context: Premier Smith's Controversial Comments
The statement is being widely interpreted as a direct response to comments made by Alberta Premier Danielle Smith during her radio program, Your Province, Your Premier. During a discussion about the ongoing Justin Bone second-degree murder case, Premier Smith stated: "I wish I could direct the judges, honestly. The judges get very, very prickly when you criticize them, but boy, the example you just raised, they deserve the criticism. The problem we have is we only choose our judges at the lower court level. Court of Appeal and King's Bench judges are chosen by the federal government."
She continued: "In fact, I just wrote a letter to Mark Carney saying maybe we should look at a way, now that we've got some openings on King's Bench, for us to have a joint process to choose those judges so we start choosing judges in Alberta that reflect the values of how we want them to operate here."
Legal and Political Implications
While Premier Smith's comments may not represent formal government policy, legal experts emphasize that words from elected officials in positions of power carry significant weight. The judicial response highlights the delicate balance between Canada's executive, legislative, and judicial branches, particularly in Alberta's politically charged atmosphere.
Professor Temitope Oriola, author of the original analysis, notes that Premier Smith is an experienced media personality who understands the power of her platform. However, the judicial response suggests her comments crossed an important constitutional line regarding the separation of powers.
This development raises crucial questions about:
- The appropriate boundaries between elected officials and the judiciary
- The mechanisms for protecting judicial independence in Canada
- The potential impact on public confidence in Alberta's justice system
- The constitutional framework governing federal and provincial judicial appointments
The statement from Alberta's judicial leaders serves as a powerful reminder of the foundational principles that underpin Canada's democratic system, particularly during times of political tension.
