Recent media commentary characterizing a sitting judge of the Ontario Superior Court of Justice as biased in the exercise of his judicial functions is yet another crude effort at undermining public confidence in the judiciary.
Canada's justice system works because Canadians trust that judges apply the law impartially. That trust depends on judges being free to do their jobs without uninformed or unfair attempts to delegitimize them.
Criminal justice policy, including sentencing principles and the rules governing evidence, is properly the subject of public debate, and Canadians hold a wide range of views on these issues. What falls outside the bounds of constructive discourse is the attribution of patterns of personal bias to a judge for applying the law.
Every judge brings prior professional perspectives to the bench. Those who spent careers as Crown attorneys bring prosecutorial perspectives; those who worked in corporate law bring commercial perspectives. What the law requires, and what Canadians are entitled to expect, is that judges apply legal principles impartially regardless of their prior views. Their decisions can then be appealed on questions of law.
Singling out a judge for work recognized and valued by the legal community before appointment, without demonstrating any failure of impartiality on the bench, sets a troubling standard that would expose every member of the judiciary to similar attack.
The Canadian Bar Association has consistently defended judicial independence as a cornerstone of the rule of law that protects every Canadian. It is a principle that protects every Canadian. We call on media organizations and public commentators to engage with questions of criminal justice and judicial decision-making with the rigour and responsibility those issues demand.
