Judicial independence is a fundamental constitutional principle and a cornerstone of Canadian democracy.

Canada’s judicial system is separate from day-to-day politics. Canadian judges are not elected, do not run under political party labels, and are not expected to advance the political agenda of the government that appoints them. Their responsibility is to the law.

That separation is important because judges must sometimes rule against governments. A government can pass a law or make a decision, and it is up to an independent judge to determine whether it complies with the law. Canadian judges make their decisions without concern that it could affect their position and regardless of the government that appointed them.

We are not the United States

Our system is different from that in the United States, where appointments are often highly political and viewed through a partisan or ideological lens. In some states, judges are elected which means they may have to avoid making unpopular, but just, decisions in order to be re-elected.  

Canada has deliberately, and rightly, avoided that model by placing greater emphasis on judicial independence and professional qualifications in the appointment process. Canadian judges are chosen based on merit and qualifications. 

In recent months, our government has chosen to refer to certain judges as “Trudeau appointed” when criticizing them. It is entirely fair to criticize a judicial decision. What is not fair is to suggest that a judge's ruling is less legitimate because of who appointed them. That imports the American habit of viewing judges as political actors and labeling them as “Biden appointee” or “Trump appointee.” 

Canadians have long rejected that approach. We expect judges to be independent, impartial, and guided by the law rather than politics. Public confidence in the courts depends on that independence. When politicians encourage Canadians to view judges through a partisan lens, they weaken a tradition that has served our country well for generations.

We are not the United States, and we should not import American-style judicial politics into Canada.