Judicial Independence Under Fire: Why Attacking Judges Threatens Canada's Rule of Law
In a democratic society like Canada, the independence of the judiciary stands as a fundamental pillar of the rule of law. Yet, this cornerstone faces increasing pressure from political figures across the spectrum who seek to influence judicial decisions. Unlike autocracies where judges serve political masters, Canada's system relies on impartial adjudication based solely on legal principles.
The Dangerous Trend of Judicial Criticism
Having practiced law for thirty-six years, I find suggestions that Alberta judges would rule to favor their appointing government to be completely absurd. Judges base their decisions on the law as it stands, not on political affiliations or personal preferences. When dealing with complex Charter of Rights and Freedoms cases, there is naturally room for judicial discretion and healthy debate about outcomes.
While judicial decisions should be open to critique, this criticism must focus on the legal reasoning rather than personal attacks against judges themselves. This distinction becomes particularly crucial given that judges cannot publicly defend themselves against such personal assaults. When we unjustifiably question judicial impartiality, we risk eroding public confidence in both the judiciary and the rule of law that underpins our democratic society.
Misconceptions About Hiring Practices in Alberta
Separately, recent discussions about hiring practices in Alberta reveal significant misunderstandings about our legal and economic frameworks. Contrary to some claims, no Canadian laws—provincial or federal—mandate equal-amount hiring quotas for private businesses. In fact, the Alberta Human Rights Act explicitly prohibits employers from making hiring decisions based on a candidate's place of origin or age.
Retailers and other businesses typically hire based on applicant availability and merit. Implementing government-mandated hiring ratios would create legal complications while potentially punishing qualified workers. Rather than blaming newcomers, we should focus on creating competitive markets that reward reliability and effort, complemented by mentorship and resume-building programs for young people seeking employment.
The protection of judicial independence and the maintenance of fair hiring practices both reflect core Canadian values that deserve our collective vigilance and support.
