Judicial independence is a cornerstone of democracy

Canadian democracy is founded on the separation of powers. The Legislature makes laws, the Executive administers them, and the Judiciary interprets and applies them. In order to fairly and justly apply the law, the judiciary must be independent of the other branches of government. 

Judicial independence means that judges are free to decide cases based on the facts and the law, without fear of political pressure or retaliation. Judges are appointed and serve until they voluntarily retire or reach a mandatory retirement age, and cannot have their employment terminated unless they have engaged in serious misconduct. 

These protections exist for the benefit of the public. Every Albertan should be able to trust their case will be decided fairly and impartially, regardless of who is in power. Without an independent judiciary, the rights and freedoms guaranteed by law would be far more vulnerable to political influence.

Attacks on the judiciary undermine judicial independence

Elected politicians have an obligation to uphold and respect the institutions that sustain our democracy. Unfortunately, some will attack judges and judicial decisions for political gain. When they do this, they risk undermining confidence in one of the most important safeguards of a free and democratic society. 

On December 5, 2025, Court of King’s Bench Justice Colin Feasby issued a decision which criticized the Alberta government’s extraordinary step of passing legislation specifically intended to prevent a judicial ruling on the separatism referendum. The next day, Premier Danielle Smith, dismissed Justice Feasby as a “Trudeau appointee” and suggested that an unelected judge such as he was not “synonymous with democracy.” 

Later, on May 13, 2026, when Court of King’s Bench Shaina Leonard found that the Alberta government had failed in its duty to consult Indigenous peoples regarding the separatism referendum, Premier Smith described her decision as “anti-democratic.” 

Reasonable people can disagree with judicial decisions. Governments are entitled to appeal rulings they believe are incorrect. What they should not do is undermine public confidence in the courts by questioning the legitimacy of judges or suggesting that judicial independence is incompatible with democracy.

An independent judiciary is not a threat to democratic government. It is one of democracy's essential safeguards. It ensures that governments are subject to the law, protects the rights of citizens, and guarantees that legal disputes are resolved by impartial decision-makers rather than political actors. That principle has served Albertans well for generations and is one worth defending.