Chief justices from all tiers of Alberta’s court system have released a noteworthy public statement emphasizing the significance of judicial independence.
While the statement issued on Tuesday lacks specific context, it follows remarks about judicial power made by Premier Danielle Smith, who expressed on her Saturday radio broadcast a desire to “direct the judges.”
Judges typically refrain from public commentary outside of their court rulings.
The letter, available on the Alberta Courts website, is endorsed by acting Chief Justice of Alberta Dawn Pentelechuk, Chief Justice of the Court of King’s Bench Kent Davidson, and Chief Justice of the Alberta Court of Justice James Hunter.
In their message, the three justices asserted that the division among the executive, legislative, and judicial branches is vital for a functioning democracy.
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“It is vital that each branch respects and supports the independence of the others,” the justices expressed.
“Judicial independence safeguards the public. It guarantees that judges can make decisions based solely on law and the evidence presented. It liberates judges from pressure or influence from outside sources, including the governments that appoint us.”
The justices further noted that they are Albertans, “just like the community we serve.”
“We take pride in the daily work done by judges and staff to uphold the rights of all Albertans and to protect our democracy.”
In response to inquiries regarding the chief justices’ public statement on Tuesday, Smith’s press secretary, Sam Blackett, stated, “While recent court decisions have justifiably prompted Albertans and Canadians to scrutinize aspects of our criminal justice system, our government acknowledges the role of each governmental branch and upholds their independence.”
A spokesperson for the Court of Justice, Olav Rokne, remarked that the judges’ statement “serves as an educational piece to clarify public misconceptions about the responsibilities of the courts and justices.”
Premier’s remarks on the judiciary
The judicial system was discussed on 880 CHED’s Your Province, Your Premier call-in show, when a caller referred to the ongoing Justin Bone second-degree murder trial.
He highlighted that Bone had been released on bail conditions, including a directive to avoid Edmonton, prior to being arrested and charged with the murders of two men in the Chinatown area.
He queried Smith on why Alberta cannot establish its own bail regulations to “tune these judges in” concerning the release of individuals who may endanger public safety.
“I wish I could direct the judges, honestly,” Smith replied.
“Judges tend to become quite defensive when criticized, but frankly, the example you just provided merits criticism.”
Premier Danielle Smith, in this file photo from December, hosts a weekly radio call-in show. On Saturday, the topic of judges and the court system was raised. (Amber Bracken/The Canadian Press)
The premier indicated that Alberta and other provinces are actively pursuing bail reform.
“The challenge we face is that we only appoint judges at the lower court level,” she stated.
“Judges for the Court of Appeal and King’s Bench are selected by the federal government. In fact, I recently sent a letter to [Prime Minister] Mark Carney suggesting we explore a collaborative process for selecting judges now that we have openings on King’s Bench, allowing us to appoint judges in Alberta who align with our values.”
Smith also touched on judicial matters with the executive director of the premier’s office, Bruce McAllister, in a video posted online at the end of 2025.
She explained that the government had to invoke the notwithstanding clause regarding three laws impacting transgender youth last year after the court invalidated one of those laws, which could have delayed the legal process for years.
“That’s the duty of an elected official. Decisions must be made. The court’s role is to interpret those decisions, but too frequently, I believe the court has overstepped its bounds and failed to give due respect to the legislature.”
Judicial independence
Gerard Kennedy, associate dean at the University of Alberta’s law faculty, stated that the justices’ statement reflects significant concern.
“It’s likely they are worried about recent comments made by the premier,” he commented.
“The idea that courts have overstepped and neglected to show appropriate deference to the legislature is a discussion worth having. However, the suggestion that one can direct the courts contradicts the very essence of judicial independence.”
Gerard Kennedy is an associate professor of law at the University of Alberta. (Michelle Bellefontaine/CBC)
Chris Samuel, president of the Alberta branch of the Canadian Bar Association, remarked that the message from Alberta’s justices isn’t entirely without precedent.
The chief justices of Ontario courts released a similar statement last year, shortly after Ontario Premier Doug Ford criticized “bleeding heart judges” during a press conference, suggesting the need for elected judges and promoting accountability.
“Judges are expected to refrain from policy decisions that fall under the jurisdiction of the elected legislature; they must maintain their boundaries,” Samuel noted.
“I believe this statement suggests that the same principle applies to governments, which should not infringe upon judicial independence.”
Alberta NDP Leader Naheed Nenshi also commented on the statement made on Tuesday, accusing the UCP government of “attacking the rule of law.”
“Every Albertan should be alarmed by this,” he stated.
“Today’s unprecedented message from Alberta’s three chief justices illustrates the extent to which this irresponsible and anti-democratic premier, along with her justice minister, has gone to interfere and foster distrust in our justice system.”