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Alberta’s Top Judges Reaffirm Judicial Independence After Smith’s ‘Direct Judges’ Remark

The courts called the joint notice an educational reminder about the limits of political influence over judging.

Overview

  • The rare public statement, posted Tuesday, was jointly signed by Acting Court of Appeal Chief Justice Dawn Pentelechuk, Court of King’s Bench Chief Justice Kent Davidson and Court of Justice Chief Justice James Hunter.
  • It underscores that a functioning democracy requires separate branches of government and says judges must decide cases solely on law and evidence, free from outside pressure, including from appointing governments.
  • Days earlier, Premier Danielle Smith said on her radio show she wishes she could “direct” judges and suggested seeking a greater provincial role in federal judicial appointments to select judges who reflect Alberta’s values.
  • Court spokesperson Olav Rokne said the message was not a response to any single comment and described it as an educational piece developed to address public misunderstandings of the courts’ role.
  • The statement comes as Alberta’s government has used tools such as the notwithstanding clause and legislation to end proceedings, including a December law criticized by a judge as undermining rule‑of‑law norms, while Ottawa announced two new King’s Bench appointments in Calgary.