Alberta's Chief Justices Issue Unprecedented Statement on Judicial Role in Democracy
In a highly unusual move, the top justices overseeing Alberta's three levels of court have released a joint public statement articulating the judiciary's essential function within "a properly functioning democracy." The statement, posted on the Alberta Courts website, represents a rare instance of judicial leadership directly addressing the public about constitutional principles.
Judicial Leadership Speaks with One Voice
The statement bears the signatures of Chief Justice James Hunter of the Alberta Court of Justice, Court of King's Bench Chief Justice Kent Davidson, and Court of Appeal Acting Chief Justice Dawn Pentelechuk. Together, they represent the entire judicial hierarchy in Alberta, from trial courts through to the province's highest appellate court.
According to Court of Justice spokesperson Olav Rokne, the statement serves an educational purpose rather than responding to specific events. "It's an educational piece designed to address public misconceptions about the role of the courts and their relationship with other parts of the government," Rokne explained, emphasizing the judiciary's commitment to public understanding.
Constitutional Framework Explained
The judicial statement provides a clear articulation of Canada's constitutional separation of powers:
- The executive branch makes policy and manages government operations
- The legislative branch creates laws through parliamentary processes
- The judicial branch interprets and applies those laws to specific disputes
The justices emphasized that "a properly functioning democracy requires three separate branches of government that exercise their power and authority independently according to the Constitution." They further noted that judges may be required to interpret and apply both the Constitution and the Canadian Charter of Rights and Freedoms when parties request such determinations.
Context of Recent Political Commentary
The judicial statement emerges against a backdrop of recent commentary from Alberta's political leadership. Just weeks before its release, Premier Danielle Smith participated in a year-end interview posted on YouTube where she discussed the relationship between judicial decisions and legislative authority.
During the interview, Smith referenced her government's use of the Charter's notwithstanding clause to advance legislation concerning transgender rights and back-to-work orders for striking teachers. She specifically criticized what she characterized as judicial overreach, stating that "too often I think the court has overstepped and not given the proper deference to the legislatures."
The Premier cited a 2015 court decision recognizing a right to strike as an example of judicial activism, remarking that "it's one of these rights that a single judge made up." She further suggested Alberta might need greater involvement in judicial appointments, particularly referencing a recent Supreme Court decision on mandatory minimum sentences that resulted in a narrow 5-4 split.
Judicial Independence as Public Protection
In their statement, the chief justices underscored the fundamental importance of maintaining judicial independence from both executive and legislative branches. They explained that "the independence of each branch ensures there are checks and balances across the system" and that "independence of the judicial branch protects the public."
The justices elaborated that this independence enables judges to "make decisions based solely on the law and evidence presented" while remaining "free from pressure or influence from external sources including the government that appoints us." They emphasized their awareness that judicial decisions significantly impact members of the public and affirmed their commitment to taking this responsibility seriously.
This unprecedented public statement from Alberta's judicial leadership serves as both an educational resource and a reaffirmation of constitutional principles during a period of heightened discussion about the proper boundaries between governmental branches in Canada's democratic system.
