Alberta justices speak up about independence after premier muses about directing the courts

Alberta chief justices from all trine levels of the margaret court scheme feature issued a rare public message underlining the importance of judicial independence.

Though the Tuesday statement provides no context, it comes on the heels of comments about judicial authority made by Premier Danielle Smith, who said on her Saturday radio show that she wishes she could “direct the judges.”

Judges almost never speak publicly beyond decisions they issue in court.

The letter, published on the Alberta Courts website, is signed by acting Chief Justice of Alberta Dawn Pentelechuk, Court of King’s Bench Chief Justice Kent Davison and James Hunter, Chief Justice of the Alberta Court of Justice.

The three judges wrote that the separation between the executive, legislative and judicial branches of government is essential to a functioning democracy.

“It is equally important that each branch respect and support the independence of the others,” they said.

“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.”

The justices added that they are Albertans, “like the people we serve.

“We are proud of the work judges and staff do every day to protect the rights of all Albertans and to safeguard our democracy.”

In response to questions about the chief justices’ public statement Tuesday, Smith’s press secretary Sam Blackett said, "While recent court rulings have rightfully led Albertans and Canadians alike to question aspects of our criminal justice system, our government respects the role of each branch of government and supports their independence."

Court of Justice spokesperson Olav Rokne said the judges' statement "is an educational piece aimed at public misunderstandings of the role of the courts and the role of justices."

The judicial system came up on 880 CHED’s Your Province, Your Premier call-in show, when a caller brought up the ongoing Justin Bone second-degree murder trial.

He pointed to the fact that Bone was out on bail conditions, including staying away from Edmonton, when he was arrested and charged with killing two men in the city’s Chinatown district.

He asked Smith why Alberta can’t make its own bail rules to “tune these judges in” when it comes to releasing people who pose a risk to public safety. 

“I wish I could direct the judges, honestly,” Smith responded.

“The judges get very, very prickly when you criticize them, but boy, the example you just raised, they deserve the criticism.”

The premier said Alberta and other provinces are continuing to push for bail reform.

“The problem we have is we only choose our judges at the lower court level,” she said.

“Court of Appeal and King’s Bench [judges] are chosen by the federal government. In fact, I just wrote a letter to [Prime Minister] 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.”

Smith also discussed the judiciary with the executive director of the premier’s office, Bruce McAllister, in a video posted online at the end of 2025.

She said the government had to use the notwithstanding clause on three laws affecting transgender youth last year after the court struck down one of them, and it could have taken years for the legal proceedings to play out.

“That’s the role of an elected official. You’ve got to make decisions. The role of the court is to offer their interpretation of it, but too often I think the court has overstepped and not given the proper deference to the legislatures.”

Gerard Kennedy, the associate dean of the University of Alberta’s law faculty, said the justices’ statement clearly indicates concern.

“It's possible they are concerned about certain things that the premier has said in recent weeks and months,” he said.

“The notion that the courts have overstepped and not given proper deference to the legislature, that I think is a very respectable argument that we can have a discussion about.… The notion that you can direct the courts, however, is antithetical to any notion of judicial independence.”

Chris Samuel, the Alberta branch president of the Canadian Bar Association, said the message from the Alberta justices isn’t entirely unprecedented.

The chief justices of the Ontario courts issued a similar statement last year, shortly after Ontario Premier Doug Ford criticized “judges that are bleeding hearts” during a news conference and raised the prospect of electing judges and “holding them accountable.”

“[Judges] are supposed to stay out of policy decisions that are properly within the scope of the elected legislature, so they have to stay in their lane, so to speak,” Samuel said.

“I think this is what the statement alludes to: the same is also true for a government staying in its lane and not infringing on judicial independence.”

Alberta NDP Leader Naheed Nenshi also weighed in on the statement on Tuesday, accusing the UCP government of “attacking the rule of law.”

“Every Albertan should be concerned about this,” he said.

“Today’s unprecedented statement from the three chief justices of Alberta shows just how far this irresponsible and anti-democracy premier and her justice minister have gone to interfere and create mistrust in our justice system.”

Reporter

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